request for proposal (rfp) for selection of system

RFP for Selection of Agency for Establishment of Comprehensive Call Centre Govt. of Himachal Pradesh

Department of Health & Family Welfare,

Government of Himachal Pradesh

Request for Proposal (RFP) for Selection of Agency for

Establishment of Comprehensive Call Centre

Prepared by:

Department of Health & Family Welfare,

Government of Himachal Pradesh

This Request for Proposal (RFP) is both confidential and proprietary to Department of Health & Family Welfare, Government of

Himachal Pradesh. Department reserves the right to recall the RFP in its entirety or in part thereof. Agencies agree that they will

not duplicate, distribute or otherwise disseminate or make available this document in its entirety or in part thereof, or the

information contained in it without the express written consent of Department of Health & Family Welfare, Government of

Himachal Pradesh. Notwithstanding the foregoing, agencies may make this document available to those employees who have a

need to know its contents in order to participate in the preparation of the response; however, agencies must first communicate

the terms and conditions of this section to such employees. Agencies shall not include or reference this RFP in any publicity

without prior written approval from Department. Agencies must accept all of the foregoing terms and conditions without

exception. All responses to the Request for Proposal submitted within the stipulated time will become the property of

Department of Health & Family Welfare, Government of Himachal Pradesh and will not be returned.


Wipro Limited | Confidential of 123

Table of Contents

Part – 1 (Functional & Technical Specifications) ..................................................................................5

1. Introduction ...............................................................................................................................6

2. Overview of Current System ..................................................................................................... 10

3. Project Scope (Scope of Work) .................................................................................................. 12

4. Roles & Responsibilities ............................................................................................................ 18

5. Functional & Non-Functional Requirement Specification ........................................................... 22

Part – 2 (Instruction to Bidders) ........................................................................................................ 24

1. General Instructions to Bidders ................................................................................................. 25

2. Bid Submission Instructions ...................................................................................................... 30

3. Bid Opening & Evaluation Process ............................................................................................. 38

4. Award of Contract .................................................................................................................... 48

5. Payment Terms ........................................................................................................................ 50

6. Special Conditions of the Contract ............................................................................................. 52

7. Service Level Agreement & Penalty ........................................................................................... 83

8. Annexure ................................................................................................................................. 90



Abbreviations

Acronym Description

ACD Automatic Call Distributor

AHT Average Handling Time

ANC Antenatal Care

CD Compact Disc

CS Commercial Score

CTI Computer Telephony Integration

DD Demand Draft

DoHFW Department of Health & Family Welfare

GoHP Government of Himachal Pradesh

MCTS Mother & Child Tracking System

IVRS Interactive Voice Response System

PBG Performance Bank Guarantee

PNC Postnatal Care

PQ Pre-Qualification

RFP Request for Proposal

SLA Service Level Agreement

SMS Short Message Service

TE Technical Evaluation

TCP Total Contract Price

TS Technical Score

RFP Request for Proposal

UPS Uninterrupted Power Supply

HR Human Resources

USB Universal Serial Bus

DND Do Not Disturb

AMC Annual Maintenance Contract

WAN Wide Area Network



Acronym Description

BPO Business Process Outsourcing

KYC Know Your Customer

MIS Management Information System

CAGR Compound Annual Growth Rate

INR Indian Rupees

FTE Full Time Equivalent

SLA Service Level Agreement

CE Call Center Executive

BMO Block Medical Officer

NHM National Health Mission



Part – 1 (Functional & Technical Specifications)



1. Introduction

1.1 Project Background & Objectives

Department of Health & Family Welfare, Himachal Pradesh under National Health Mission

(NHM) proposes to establish a multi-tasking Call Centre to improve the efficiency of Mother and

child services by providing single contact point for information related to pregnancy and child

immunization; and also to provide reliable mechanism for monitoring and ensuring traceability

of every pregnant women and child in the State. National Health Mission (Himachal Pradesh) is

making constant and concerted effort to formulate and execute schemes to ensure adequate

health care services to the people in line with the National Health Policy.

The key objectives of the health programs are as follows:

To provide preventive and curative health care services adequately to all the people of the

State with greater emphasis on quality

To ensure greater access to primary health care by bringing medical institutions very nearer

to the people through mobile health units, particularly to the under-served and backward

districts

To reduce maternal and infant mortality drastically by extending better and faster health

services to them

To improve hospital services at the secondary levels especially in terms of effective

infrastructure and man power

To give training to doctors, nurses and other paramedical staff to meet the health demands

within the State by upgrading their skills and knowledge

To implement various national health programs.

To provide health education for the development of healthy life style.

The major challenges in providing good quality Health care services to citizens of the state are as:

Living in a remote area devoid of many basic facilities particularly distanced from the

medical services results in delayed diagnose on illness.

Updated Health Information and Medical resources are very essential for the successful

implementation of health program.



Treatment provided is often proven to be ineffective as health care infrastructure is too

poor resulting in hospital acquired infections

The Call center initiative leverages on cut-ting edge technologies to address the Health care

requirements across the state by providing Health care information and medical advice to

peripheral public health personnel round the clock. The proposed Call Centre will have provision

of Tele Helpline (104) which aims to reduce the minor ailment load on the public health system,

Adolescent Health Counseling and Grievances Redressal of the beneficiaries. National Health

Mission (Himachal Pradesh) would like to implement the following broad services under this

project of Comprehensive call center:

Service Calls/Reminder Calls/Verification Calls/SMS alerts/ Voice messages to beneficiaries

as well as Health Workers related to MCTS application.

Providing Information/Instructions to the Health Care providers, Medical Officers working

in government health care system during epidemics and other health campaigns as well (In

form of helpline on various National Health Programs).

Health Advice Counseling (Adolescent Health)

Health related Grievance Redressal

Information about availability of Hospitals/ Health facilities

1.2 Structure of RFP

The RFPs have been documented in two parts as explained below:

Part 1: Functional & Technical Specifications

Part 1 of RFP intends to bring out all the details with respect to solution and other

requirements that DoHFW deems necessary to share with the potential bidders. The

information set out in this volume has been broadly categorized as Introduction with Project

Background, Current System details, Project Scope, Roles and Responsibilities, Functional and

Non-Functional specifications covering multiple aspects of the requirements.

Part 2: Instructions to Bidders

Part 2 of RFP purports to detail out all that may be needed by the potential bidders to

understand the General Instructions, Bid Submission Instruction, Payment Terms, Special

Conditions of Contract and Bidding process details.



1.3 Goal of RFP

The primary goal of this RFP is solicit bids from the interested bidders to be selected as an

Agency for the State through a competitive bidding process. This volume of RFP intends to

bring out all the details that may be needed by the potential bidders to understand the scope

of work, project implementation approach, commercial terms and bidding process details.

The bidders are expected to examine all instructions, forms, terms, Project requirements and

other information in the RFP documents. Failure to furnish all information required by the RFP

documents or submission of a Bid not substantially responsive to the RFP documents in every

respect will be at Agencies risk and may result in rejection of its Bid and forfeiture of Bid

Security.

The Department of Health & Family Welfare (DoHFW), Government of Himachal Pradesh

(GoHP) shall be the final authority with respect to qualifying a bidder through this RFP. The

decision with regard to the choice of an Agency who qualifies through this RFP shall be final

and the DoHFW reserves the right to reject any or all the bids without assigning any reason.

The DoHFW further reserves the right to negotiate with the selected agency to enhance the

value through this project and to create a more amicable environment for the smooth

execution of the project.

1.4 Stakeholder Analysis

Stake Holders – The below mentioned stakeholders need to be covered under this project:

Name of Stakeholder Details /Activities

Beneficiary

The prime beneficiary of this project would be pregnant woman

and child up-to 5 years of age. The Call Centre is envisaged to

validate the records of beneficiaries and provide appropriate

assistance to them including educating beneficiaries about

maternal and child care and the benefits they can avail from

government schemes and programs.

Health Workers

(ANM/ ASHA etc.)

Call Centre is envisaged to verify the records of the health

workers (ANM/ ASHA etc.). Further it is also expected to resolve

the queries of health workers who were called by the Call

Centre/Helpdesk Agents. The project will also assist them by

informing them the services due, services overdue status of their



jurisdiction.

Department of Health

& Family Welfare,

Govt. of Himachal

Pradesh

Call Centre/Agency will provide the report of the interaction

they have with beneficiaries and health workers along with their

feedback and record validation report. This would further help

the DoHFW as well as State to improve the health service

delivery in the field, data quality in MCTS, identifying gaps and in

taking corrective actions.



2. Overview of Current System

Mother & Child Tracking System (MCTS) is a centralized web-based application which enables to

capture name based data of pregnant women and children and hence provide the necessary

foundation for tracking of pregnant women and children with immunization requirement. MCTS

provides case specific monitoring system to monitor each and every pregnant woman and child to

avoid drop out and to ensure complete service delivery in order to reduce Maternal Mortality and

Infant Mortality.

The objective is to undertake case specific monitoring to ensure complete Antenatal Care (ANC)

Services, Delivery Services and Postnatal Care (PNC) Services and monitoring of full Immunization

services to each and every pregnant woman and child. The aim is to have an Effective monitoring

system for High Risk Pregnant Women and Low Weight Birth Babies in order to reduce Maternal

and Infant Mortality.

National Health Mission, Himachal Pradesh under Department of Health & Family Welfare

(DoHFW), Govt. of Himachal Pradesh (GoHP) has implemented online Mother & Child Tracking

System (MCTS) System in the entire State as per instruction provided by Ministry of Health &

Family Welfare, Govt. of India.

At present following details are captured through the online MCTS system w.r.t information of

pregnant women including:

Name

Phone No

Address

LMP Date

EDD

Hemoglobin levels

BP

dates of ANC

PNC

Delivery etc.

Similarly, following details are captured through the online MCTS system for all children:

Date of Birth

Birth Weight

Phone of Parents

Address of Parents

Dates of vaccines etc.

MCTS Portal has option to generate work-plan Sub Centre wise, ANM wise, ASHA wise as well as

Beneficiary wise to remind about due date of services.



MCTS is intended to capture the data of approx. 1.3 lac pregnant women (between 15 to 49 years

age group) and approx. 1.20 lac children (between 0-6 years age group) in the State for the

financial year 2014-2015. The Application has following provisions:

Provision of continuous monitoring of State, District and Block level Performance related to registration and service delivery to the beneficiaries through MCTS.

Provision of validation of details of all field level Health Workers (ANM, ASHA etc.).

Transformation & Utilization of information to assist or support the functioning of grassroots level Health functionaries like ANM, ASHA etc.

Roll-out of targeted Health Programs and Schemes, for controlling of external cost & time spill over.

Validation of information collected from each block/district/state at the State level, for figuring out authenticated situation at respective functional levels.

Efficient need-based planning of allocation and management of health resources at ground-level.

Efficient implementation of payments to the JSY beneficiary through MCTS Portal.

Tele Help Line (104) for reducing minor ailment load on the public Health system including

Adolescent Health Counseling: The objective of Tele helpline is to reduce the minor ailment load

on the public health system including adolescent health counseling. At the cost of a phone call,

any citizen can render medical information and advice, avail counseling services, request directory

information, or lodge a service complaint against any public health facility.

Grievance Redressal Mechanism – Himachal Pradesh Government has developed its own

Grievance Monitoring Mechanism to solve the Public Grievances which is accessible through this

website (http://admis.hp.nic.in/esamadhan). The Call Centre application will be integrated with

the grievance monitoring system and all the grievances will be registered online through the Call

Centre. The Complaints/Grievances will be forwarded to the concerned Nodal

Officers/Departments for Redressal. For monitoring the actions taken by the concerned

departments, there is provision in the application to monitor the status of grievances by the

higher authorities. The Call Centre will coordinate/follow with the concerned departments

through Online Application and the complaint will finally be disposed off by the Call Centre after

resolving the grievance.

http://admis.hp.nic.in/esamadhan



3. Project Scope (Scope of Work)

Establishment of Call Centre - The Agency needs to accomplish the following activities:

Shall obtain the license of Call Centre operation for the project.

Arrangement of Space (Preferably in Shimla, Solan & Dharamshala) for establishment of Call

Centre

To Procure, Install, Operate and Maintain the complete Infrastructure (IT and Non IT)

To Integrate Call Centre Application provided by Ministry to develop & Integrate Application

with MCTS Application & e-Samadhan of Govt. of HP

To earmark and mobilize Call Centre Team

To maintain discipline of the office environment and safety of the Call Centre, Call Centre

Agents and other support staffs deployed at the Call Centre site.

To establish and maintain the specified SLAs

Go-Live of Call Centre (within 90 days from the award of contract)

Premises, Furniture and Amenities

The Agency will be responsible for providing premises duly equipped with power, lighting,

network connectivity, security systems etc. Provision must be made for seating with proper

lighting, air conditioning etc to ensure sufficient comfort levels to the Call Centre

Executives. Other basic facilities like water, toilets, canteen, etc. should also be provided.

Adequate training facilities should also be provided including availability of proper rooms

with whiteboards, projectors and other appliances. There should also be a provision of

CCTV cameras at the site, the feed from which would be provided to the Office of

Department of Health & Family Welfare.

Hardware, Software, Telecom facilities:

The Agency will be responsible for all the hardware and software facilities required for

smooth operation of a call center. This includes:

o Complete hardware and software for Executives (eg. virtualized desktops, headphones,

etc.)

o IVR application with Server, CTI Solution including ACD, Dialer, voice logger, disaster

recovery solutions, etc.

o All contemporary state of the art Business Intelligence Tools including but not limited to

Automatic Roster Workforce Management Tool, Call Back Manager with Dialer, Voice Mail

module (not only on IVR but for all agents across all services), Screen recording & Barging &

Online Reports & Management Dashboards for DoHFW. The Agency are obligated to



provide new Business Intelligence (BI) Tools and their updates at any time during the

contract if the bank so desires at no extra cost.

o Other basic infrastructure such as cabling, firewalls for security etc.

Operation & Maintenance of Call Centre - After the successful completion and implementation of

Call Centre. Selected Agency will be responsible for Operation & Maintenance of the Call Centre

(as per award of contract) extendible by 2 years based on satisfactory performance.

The proposed solution can be broken into following programs:

Call Centre for Mother & Child Tracking System (MCTS) for giving reminder Calls/SMS alerts

to beneficiaries as well as Health Service Providers/Workers.

Tele Helpline (104) which will have following components/features:

o Health Advice/Counselling

o Helpline for Health Care providers for providing information/instruction on various

National Health Programs.

o Grievance Redressal

Adolescent Health Helpline.

Services to be included in the proposed Call Centre will have the following deliverables:

a) All Pregnant Women and Parent of Children having phone no will be contacted through the

Call Centre. Call Centre is expected to validate mother and child records by making

outbound calls to the health beneficiaries and health workers. It shall also create awareness

about health programs and provide guidance to the health workers and the health

beneficiaries through IVRS calls. It will receive its working data set from the MCTS.

b) Special call will be made to High Risk Pregnant Women on monthly basis. Special calls will

also be made for overdue of services

c) Information of various health schemes and promotion of health facilities available in Govt.

Hospitals for pregnant women, mother and children will also be covered during interaction

through the proposed Call Centre.

d) A database will be created regarding actual implementation of health schemes from the

inputs received during interaction.



1) Layers of expertise required in the Call Centre:

Level Type of Resource/Staff No. of Resource/Staff Type of Call

I Call Centre Executive +

Supervisor (Preferably

Female)

20 Outbound/Inbound

II Medical Counselor 5 Inbound

III Doctor 2 Inbound

2) Qualification & Experience of Staff (Mandatory & Desirable):

Call Center Executives (CE)

o Should be graduate with 1 year post graduate diploma in Computer Application or

BCA/Equivalent qualification.

o Minimum 1 year experience in a Call Center preferably in Health sector

o Should have excellent communication skills in Hindi and English.

Medical Counselor

o Should have any of the following qualification with at least two years of experience

in Health sector:

Master in Social Works

Master Degree in Psychology /Clinical Psychology

o Should be fluent in Hindi & English

o Minimum 1 year experience in a Call Center preferably in Health sector

* Out of total 5 Medical Counselor desired for Comprehensive Call Centre at least 2

should be Clinical Psychologist

Doctor/Medical Officer

o Should be MBBS Doctor with 2 years’ experience

3) Level of Calling in the Call Centre:

Level Name of Activity

I Verification of Record by Calling Beneficiaries

II Special Calls to Beneficiaries (for High Risk Pregnant Women & Overdue to

Services).

III Follow-up Calls (Incase services not availed by beneficiary after 1st & 2nd level of

call or due to non-updation of by Health Worker).



4) Call Centre Call Handling:

The Call Centre function (through Helpdesk Agent/IVRS) will be broadly classified under the

following three categories:

Validation of records of Health workers, ASHA(s) and Mother & Child registration under

MCTS.

Resolution of queries/grievances as posted by Health Functionaries & Beneficiaries.

Promotion of Government Programmes & Schemes and IEC activities through Call Centre.

Call Centre functionalities have been detailed below:

I. Data Validation – Validation of data received from MCTS database. The validation exercise

needs to be carried out by making outbound calls to the respective health beneficiaries

and the health workers. Errors / deviations that are generated in the validation exercise

must be reported back to MCTS so that corrections can be made.

(Note: The lead base for validation of Call Centre data shall be defined by Department of

Health & Family Welfare, Govt. of Himachal Pradesh).

II. Query Resolution – Call Centre shall have call resolution model for the queries of called

health beneficiary/ worker:

a) Call Resolution by Call Center Executive – The Call Centre agents at the first-level are

expected to enable the following functionalities:

Validation of data present in the MCTS Application (same as detailed above). Resolution of queries posed by health functionaries & beneficiaries based on the

standard question bank. Information dissemination about local health facilities and local health workers for providing Ante-Natal Care (ANCs), Post-Natal Care Check-ups (PNCs) and immunization for children.

Information dissemination about the government health intervention programs being run for the benefit of mother and child.

Dissemination of standardized awareness messages tailored to the region as well as the current health condition of the beneficiary.

b) Call Resolution by Medical Counselors - The Medical Counselors at the Call Centre will

enable the following functionalities:

Resolve medical/health queries related to pregnancy and child immunization and other health related queries of beneficiaries.

Provide medical guidance to grassroots health workers like ASHA, ANM, Anganwadi



worker etc.

c) Call Resolution by Doctor - The Doctor at the Call Centre will enable the following

functionalities:

Resolve medical/health queries of beneficiaries as well as of Health Workers not resolved by Medical Counselors.

III. IEC Activity - One of the calling requirements for the project is to promote the

government scheme(s) and programme(s) among the beneficiaries at the appropriate

stage. Call Centre Agent/ IVRS Calls are expected to increase awareness among

beneficiaries directly by educating them about the benefits they can avail through

government schemes and programs.

5) Snapshot of Call Centre Key:

Stakeholders Call Centre Solution Data Volumes

Girls & women between (15 - 49 Years) of age who are pregnant or have recent birth history.

Parents / Guardians of children between (0-6 Years) age groups.

Grass root level Health Functionaries (i.e. ANM, ASHA, Anganwadi workers etc.)

Procurement, customization and deployment of Call Centre application

MCTH application shall be a comprehensive integrated Helpdesk / Call Centre solution which would include Dialer, IVRS etc.

Validation of mother and child records in MCTS.

Validation of record of Health workers

Multilingual Approach

Basic languages i.e. Hindi and English

Communication Channels

Inbound & Outbound channels: Primarily outbound calls.

Operational Aspects

Minimum 180 calls (Outbound) and minimum 6 hours of actual calling in a day by individual Helpdesk/Call Center Agent. The average calling time per call is expected to be 2 minutes. The operational aspects of Call Centre may change in due course as per the future requirement or as decided by the Department of Health & Family Welfare, Govt. of Himachal Pradesh.



6) Language to be supported – Call Centre will support English, Hindi & Local Language (if required).

7) Technologies to be implemented – Following technologies/methods will be used to communicate with Beneficiaries and Health Workers. Following activities/services will be under taken through Call Centre:

Outbound Calls Inbound Calls IVRS SMS / Audio Messages Reports

8) Support Window – 09:00 AM – 06:00 PM (every day except mandatory national holidays).

9) Capacity Served – Minimum 180 calls (Outbound) and minimum 6 hours of actual calling in a day by individual Helpdesk/Call Centre Agent within the support window. The average calling time per call is expected to be 2 minutes.

10) Estimated Beneficiaries & Calls Per Year:

Outbound Calls

Sr. No. Type of Beneficiary No. of Beneficiaries (Approx.) Calls per Beneficiary

1. Pregnant Women 127228 5

2. Children 115662 6

3. All Health Workers 3200 12

Inbound Calls

Sr. No. No. of Beneficiaries (Approx.) Calls per Beneficiary

1. 127228 5

Note - Interested organizations may propose for establishment and operationalization of the proposed Call Centre. The final proposal should be a complete solution with establishment of Call Centre, operationalization, maintenance and reporting.



4. Roles & Responsibilities

This project will be executed on turnkey basis. All the activities as mentioned in this section

including procurement, development, management, support, maintenance etc. would be the

responsibility of the Call Centre Agency. Call Centre Agency shall have the complete responsibility

to design, establish and operate the complete setup of Comprehensive Call Centre. Agency shall

have the complete responsibility of operationalization, maintenance and support of all

components of the Call Centre. Further, Agency would have the responsibility to escalate issue, if

any, which is required to be discussed and resolved for the smooth operation of the project well in

time. Any low performance as reflected in the SLA performance of the Call Centre would be the

sole and complete responsibility of the Call Centre Agency.

A clear definition of the roles and responsibilities of all stakeholders in a project establishes

transparency, accountability, manageability and efficiency in the project.

The detailed roles & responsibilities of various stakeholders are listed below:

a. Department of Health & Family Welfare

b. Agency

All Stakeholders are responsible for pursuing the following objectives besides their specific

responsibilities:

1) Providing all support to other stakeholders as and when requested and required

2) Taking the lead in resolving any project issues

3) Active participation in all the phases of the project by dedicating time & resources

4) Duly considering the project requirements before making any changes in the internal operations with respect to processes, services, technology, legal & human resource areas

5) Strict adherence to the timelines and service level agreements

6) To Track and monitor the MCTS services

Responsibilities of Department of Health & Family Welfare, Government of Himachal Pradesh

As owner of the Project, the role of DoHFW includes discharging the following responsibilities:

1. Signing MoU/Agreements with the Agency for creating legal framework.

2. Creation of an Administrative Oversight Committee/Project Management Committee which will meet every quarter comprising of key officials of DoHFW, Agency etc.

3. Ensuring access to the business data required for execution of the project.



4. Owning of the copyright of Call Centre Application that is developed by Agency, system software procured for the establishment of Call Centre.

5. Provide Physical space such as building required as per the requirements of the project to the Agency.

6. Ensuring that the different stakeholders participating in this project are responsive.

Responsibilities of Selected Bidder/Agency - The role of Selected Bidder/Agency includes

discharging the following responsibilities:

1. Agency shall procure, install, operate and maintain the complete infrastructure (IT, non IT and others) required for this Call Centre project for the complete duration of the project on turnkey basis.

2. Agency shall obtain the license of Call Centre operation for the project.

3. Agency shall manage the overall project as a single point of contact.

4. Agency shall undertake full responsibility of any kind of software development or customization required for successful Implementation and execution of Call Centre project.

5. Agency shall also integrate the proposed Call Centre Application with the MCTS Application.

6. Agency shall prepare and Monitor the Project Plan, Periodic Status Reports on availability of Call Centre Agents, Call Centre application, Training Guidelines & Modules, prepare and submit risk and mitigation strategies, Review Meetings etc.

7. Hardware specifications shall be provided by the bidder.

8. Manpower will be managed by the agency and they will be under the payroll of the agency. DoHFW will not be liable for any kind of manpower related issues.

9. Continual revision in the formats and data to be incorporated by the Agency in the weekly / fortnightly / monthly /quarterly / yearly reports to be submitted with regards to Call Center operations & SLAs.

10. Agency shall prepare guidelines and details of the changes if any that are required in the applications, SLAs, reporting formats.

11. The complete responsibility to commission, operate, update and maintain the non IT components of this Call Centre project including access control system, CCTV cameras, power etc. would be the responsibility of Agency.

12. Any other IT and non IT components that would be required for smooth operation of Call Centre project should be procured, commissioned, operated, update and maintained by the Agency during the entire project period.

13. Agency shall establish and maintain the specified SLAs. Agency should provide all the system generated reports that is required to monitor the SLA for the project.

14. Agency shall undertake regular maintenance and up-gradation of the system to ensure its optimum utilization and performance.



15. Agency shall have the responsibility to maintain discipline of the office environment and safety of the helpdesk, Helpdesk Agents and other support staffs deployed at the Call Centre site.

16. Commissioning, Installation & Maintenance of phone lines is the responsibility of Agency, whether it is 3 digit Toll Free number (104) or other phone line.

17. Agency shall provide maintenance, update and support all components (including IT and non IT) of this Call Centre Project.

18. Agency shall have the complete responsibility of data security for this Call Centre project.

19. Agency would ensure that all laws, rules and guidelines governing the operation of Call Centre’s like safety of employees etc. should be strictly adhered to.

20. Agency would ensure that all laws, acts, rules and guidelines governing the applications and the security guidelines of Ministry of Communications & Information Technology are adhered to.

21. Agency shall handover the Call Centre site along with all infrastructure built for the project to Department of Health & Family Welfare (DoHFW), Government of Himachal Pradesh (GoHP) at the end of project period or the time mutually agreed to by the DoHFW and Agency or at the termination of the contract with Agency.

22. The selected agency will have to develop their own software for management of Call Centre and record keeping.

23. During call, the caller will have to update information in the MCTS Portal as well as in the Customized Software.

24. The software should have the provision of Soft Dialing telephone call facility.

25. There should be a provision of sending SMS/Audio messages to the beneficiaries of State.

26. Mission Director, NHM, Himachal Pradesh or his representative should have direct access of the customized application for generation of report.

27. Detail Monthly report generated from the Customized Software should be submitted to the DoHFW, both in the form of soft copy as well as signed hard copy.

28. Findings of the call should be captured in the Customized Application and it should be shared with the DoHFW on weekly basis so that corrective measures can be taken based on the findings.

29. Option for report generation with different types of findings should be available in the Customized Application so that the same can be sent to different Divisions/ Districts for corrective measures.

30. All voice calls to be recorded. Voice storage should be of minimum two months in the online application and provision of backup of archive data for 10 years in removable storage. Size of the storage should be mentioned clearly. Backup of the database to be submitted to DoHFW on monthly basis.

31. Staff Retention Program: The Bidder will put in place systems to ensure that the resources are not changed frequently for internal reasons. Suitable motivational efforts and incentives may be provided to the agents and senior staff so that attrition rate is kept at the minimum



level. If the attrition rate rises to above 7%, the Department of Health & Family Welfare can suggest policies which will need to be implemented by Bidder to reduce attrition.

32. Agency should have internal call escalation mechanism to record and respond to all calls received at the Helpline. Agency should maintain 100% record and same report should be shared with the Department on daily basis.



5. Functional & Non-Functional Requirement Specification

Some of the key features/specifications required for the Call Centre components are provided

below:

1. Implementation of the IVRS solution

a) IVRS should be scalable and provide ease of integration with the other components of Call Centre solution.

b) Identifying the region from which the call is originating and greeting the caller in corresponding language of English and Hindi. The language of the IVRS menu should then be decided based on caller choice thereon.

c) IVRS shall interact with the callers in duplex mode through synthesized recorded voice in Hindi/English depending on region from where the call originates.

d) IVRS shall have a GUI based tool to develop call trees / applications, configure customer types, configure messages based on campaigns, caller group identification etc.

e) Caller may skip menu by pressing the necessary response. At any time during the call the caller may be transferred to the Call Centre Agent by pressing a pre-defined number.

f) IVRS should be integrated with the Call Centre/MCTS Solution and stakeholder profiles of previous callers can be referenced through their contact number, 18-digit unique ID, ANM/ASHA/Anganwadi worker ID etc. based on caller input

g) IVRS should be able to retrieve Call Center Agent availability from Automatic Call Distributor (ACD) and announce expected caller’s queue waiting time and queue length

h) Provide automated responses outside of working hours (based on business rules defined by DoHFW)

2. Required Key features for Reporting

a) Agency should provide Call Report and status details to all BMOs (Block Medical Officers) of the State of Himachal Pradesh and Department of Health & Family Welfare on daily basis without fail, any failure on this regard would make Agency liable for Penalty.

b) Agency should provide all the system generated reports that are required to monitor the SLAs for the project. Reports to provide evidence of SLAs on a monthly basis to be submitted to DoHFW:

o Component Based Reports

o System Based Reports

o Performance Based Reports

c) Should be able to generate reports to aid operational efficiency like:

o Most frequent query analysis and create IVRS self-service module, if required for them

o Analysis of queries based on region, call resolution time, first/second level resolution, language chosen by citizen for interaction etc.



o Call Centre Agent-wise/Call Center Agent Group wise activity reports (both real-time and historical): login, logout time, idle time, average speed of answer, average handling time, number of dropped calls, number of unresolved queries, number of queries escalated to next level, average or total number of free agents in each group, efficiency of each agent or agent group etc.

o Call Analysis: Number of calls answered, number of calls abandoned, Average and total call duration for different Call Center Agents/groups

d) Capability of exporting reports into various format such as Excel, Word, plain text etc.

3. Required key features of the Dialer - Some of the key features of CTI would include:

a) Call Centre Agents should be able to dial from the application interface integrated with MCTS application.

b) Click dialing, Auto dialing, application based dialing etc.



Part – 2 (Instruction to Bidders)



1. General Instructions to Bidders

1.1 Particulars of Tender

This invitation to Tender is for “Selection of an Agency for Establishment of Comprehensive

Call Centre for Department of Health & Family Welfare, Government of Himachal Pradesh”

a) Bidders are advised to study the Tender Document carefully. Submission of Tender

shall be deemed to have been done after careful study and examination of the

Tender Document with full understanding of its implications. Sealed offers prepared

in accordance with the procedures enumerated should be submitted to the DoHFW

not later than the date and time laid down, at the address given in the Schedule for

Invitation to Tender.

b) This Tender document is not transferable.

c) The Tender document can be obtained during working hours on all working days at

the office address (as prescribed in “Schedule for Invitation to Tender” from the

start date of sale of tender till the last date. The tender document can also be

downloaded from Department of Health & Family Welfare, Government of

Himachal Pradesh website www.nrhmhp.gov.in

1.2 Schedule for Invitation to Tender

Event Target Date

Reference number of RFP HP/DoHFW/ECCC/01

Bid Security Rs. 5,00,000/- (Rupees Five Lacs only) in the form of (DD) Demand Draft/Bank Guarantee in favor of “Mission Director, National Health Mission, Himachal Pradesh”, payable at Shimla (H.P) from a nationalized bank.

Tender Document Fee Non-refundable Tender fee of Rs. 5,000/- (Rupees Five Thousand only) in the form of (DD) & Processing Fee of Rs. 10,000/- (Rupees Ten Thousand only) Demand Draft in favor of “Mission Director, National Health Mission, Himachal Pradesh”, payable at Shimla (H.P) from a nationalized bank

Availability of Request For Proposal (RFP) 04/06/2015

Date and Time for Pre- Bid Conference 15/06/2015, 11:30 AM

http://www.nrhmhp.gov.in/



Event Target Date

Venue for Pre-bid conference

Note: No queries would be entertained by Department of Health & Family Welfare after Pre-Bid Conference.

State Health & Family Welfare Training

Centre, Pari Mahal, Shimla, Himachal

Pradesh.

Release of Response to Bidders Clarification /Issue of Corrigendum, if any

27/06/2015

Last date for submission of bids 6/07/2015, 2:00 PM

Opening of Pre-Qualification & Technical Bids

07/07/2015, 11:30 AM

Presentation by bidders To be informed to qualified bidders

Declaration of short-listed bidders for commercial bid

To be informed to qualified bidders

Opening of commercial bids To be informed to qualified bidders

Contact Person Mission Director (MD), Department of Health & Family Welfare, Government of Himachal Pradesh.

Contact Address and numbers Office of Mission Director, Department of Health & Family Welfare, SDA Complex, Kasupmti, Shimla.

Fax : 0177-2624505

Phone : 0177-2624505; 0177-2624105

Email : [email protected] [email protected]

Website www.nrhmhp.gov.in

Table 1- Schedule of Events

Note:-

a. The Purchaser shall not be responsible for non-receipt / no-delivery of the Bid documents due to

any reason whatsoever.

b. Any bid delivered after the deadline will not be considered and returned unopened.

c. The bid (and any additional information requested subsequently) shall bear the signature of the

authorized signatory and stamp of the entity thereof on each page of the bid, except for the un-

amended printed literature.

mailto:[email protected]

mailto:[email protected]




1.3 Bid Security and Tender Fees

All bids must be accompanied by a

a) Bid Security of Rs. 5,00,000/- (Rupees Five Lacs only) is to be submitted in the form

of Demand Draft issued by a Nationalized Bank valid for 180 days from submission

of tender.

b) Tender fees of Rs. 5,000/- (Rupees One Thousand only) and Processing fees of Rs

10,000/- is to be submitted in form of (DD) Demand Draft in favor of “Mission

Director, National Health Mission, Himachal Pradesh” payable at Shimla, Himachal

Pradesh. Tender & Processing fees is non-refundable.

1.4 Contents of the Tender Document

The Scope of Work, Tender procedures and Contract terms are prescribed in the Tender

Document.

The Bidder is expected to examine all instructions, forms, terms & conditions, and scope of

work in the Tender Document and furnish all information as stipulated therein.

1.5 Pre-Bid Conference

The DoHFW will host a Pre-Bid Conference as per schedule specified above. The

representatives of the interested organizations may attend the pre-bid conference at their

own cost. The purpose of the conference is to provide bidders with information regarding

the RFP and response to queries raised by prospective bidder.

1.6 Clarifications/ Response to Bid Enquiries

All enquiries from the bidders relating to this RFP must be submitted through e-mail or in

writing exclusively to the contact person. The queries should necessarily be submitted in the

following format:

S. No Bidding Document Reference(s)

(section number/ page)

Content of RFP

requiring clarification

Points of

clarification

1.

2.

Table 2- Clarifications and Response to Bid Enquires

All enquiries should be sent either through email or in writing or by Fax. The DoHFW shall

not be responsible for ensuring that bidders’ enquiries have been received by them.



DoHFW shall provide a complete, accurate, and timely response to all questions to all the

bidders. However, Department makes no representation or warranty as to the

completeness or accuracy of any response, nor does DoHFW undertake to answer all the

queries that have been posed by the bidders. All responses given by DoHFW will be

published through www.nrhmhp.gov.in site only.

1.7 Supplementary Information /Corrigendum /Amendment

a. If DoHFW deems it appropriate to revise any part of this RFP or to issue additional data

to clarify an interpretation of the provisions of this RFP, it may issue

supplements/corrigendum to this RFP. Such supplemental information will be

communicated to all the bidders by e-mail or fax and will also be made available on

www.nrhmhp.gov.in. Any such supplement shall be deemed to be incorporated by this

reference into this RFP.

b. At any time prior to the deadline (or as extended by DoHFW for submission of bids,

DoHFW for any reason, whether at its own initiative or in response to clarifications

requested by prospective bidder, DoHFW may modify the RFP document by issuing

amendment(s). All bidders will be notified of such amendment(s) by publishing on the

website, and these will be binding on all the bidders.

c. In order to allow bidders a reasonable time to take the amendment(s) into account in

preparing their bids, DoHFW at its discretion, may extend the deadline for the

submission of bids.

1.8 Bid Preparation Costs

a) The Bidder shall bear all costs associated with the preparation and submission of its bid, including cost of presentation for the purposes of clarification of the bid, if so desired by the Purchaser.

b) The Purchaser, will in no case be responsible or liable for the above mentioned costs, regardless of the conduct or outcome of the Tendering process.

1.9 Authentication of Bids

The original and all copies of the bid shall be typed or written in indelible ink and signed by

the Bidder or a person duly authorized to bind the Bidder to the Contract. A letter of

authorization shall be supported by a written power-of-attorney accompanying the bid. All

pages of the bid, except for un-amended printed literature, shall be initialed and stamped by

the person or persons signing the bid.

1.10 Language of the Bids

The bids prepared by the Bidder and all correspondence and documents relating to the bids

exchanged by the Bidder and the Purchaser, shall be written in English language, provided

that any printed literature furnished by the Bidder may be written in another language so





long the same is accompanied by an English translation in which case, for purposes of

interpretation of the bid, the English translation shall govern.

1.11 Interlineations in Bids

The bid shall contain no interlineations, erasures or overwriting except as necessary to

correct errors made by the Bidder, in which case such corrections shall be initialed by the

person or persons signing the bid.

1.12 Validity of Bids

a) Bids shall remain valid for 180 days after the date of opening of Technical Bids prescribed by the Purchaser.

b) The Purchaser may request the Bidder(s) for an extension of the period of validity. The request and the responses thereto shall be made in writing. The validity of bid security provided under Part-2 (Instruction to Bidders), Section 1.3 of this RFP shall also be suitably extended.

1.13 Late Bids

Any bid received by the Purchaser after the last date for receipt of bids prescribed by the

Purchaser, will be rejected and/or returned unopened to the Bidder.

1.14 Additional Scope of Work for bidder

All costs and expenses incurred by bidder in any way associated with the development,

preparation and submission of responses, including but not limited to attendance at

meetings, discussions, presentations etc. and if DoHFW desires for any service addition

(related to call centre services) in the scope of work of the bidder will be borne entirely and

exclusively by the bidder/agency.

1.15 Acceptance of Terms

Bidder by submitting the Bid/Proposal in response to this RFP, shall be deemed to

have accepted all the terms and conditions of this document.



2. Bid Submission Instructions

2.1 Mode of Submission

Submission of bids shall be in accordance to the instructions given in the Table below:

Envelope Entity Item details

Envelope 1:

Bid Security

1. The envelope containing the Bid Security shall be sealed and super

scribed “Bid Security – Establishment of Comprehensive Call Centre,

Department of Health & Family Welfare”. This envelope should not

contain any Commercials, in either explicit or implicit form, in which

case the bid will be rejected.

2. A board resolution authorizing the Bidder to sign/ execute the Bid as a

binding document and also to execute all relevant agreements

forming part of RFP shall be included in this envelope.

3. Tender Fee (Non- refundable) of Rs. 5,000/- (Rupees Five Thousand

only) and Processing Fee (non-refundable) of Rs 10,000/- (Rupees

Ten Thousand only) in form of DD as RFP Document Charge if not

paid already. (Each Prospective Bidder need to make payment for RFP

document in form of Demand Draft, payable at Shimla, Himachal

Pradesh to “Mission Director, National Health Mission, Himachal

Pradesh”. For the bidders who have downloaded the RFP and do not

participate in the Pre-Bid Conference, shall have to submit the RFP

document charges along with its Offer document.)

Envelope 2:

Response to

Pre- Qualification

Requirements

Response to the Qualification Requirements shall be prepared in

accordance with the requirements specified Section 3.2.1 of this RFP and

in the format prescribed in this Volume. The envelope containing the

Response to Pre-Qualification Requirements shall be sealed and super

scribed “Pre-Qualification Requirements – Establishment of

Comprehensive Call Centre, Department of Health & Family Welfare” on

the top right hand corner and addressed to the Department at the

address specified at “Schedule for Invitation to Tender” of this volume.

This envelope should not contain any Commercials, in either explicit or

implicit form, in which case the bid will be rejected.

The qualification Bid should be submitted with two printed copies of the

entire Bid and a soft copy on non-rewriteable Compact Disc (CD) with all

the contents of the Bid. The words “Response to Pre- Qualification

Requirements – Establishment of Comprehensive Call Centre,

Department of Health & Family Welfare” shall be written in indelible ink

on the CD. The Hard Copy shall be signed by the authorized signatory on




all the pages before being put along with the CD in the envelope and

sealed.

In case of discrepancies between the information in the printed version

and the contents of the CDs, the printed version of the Qualification Bid

will prevail and will be considered as the Bid for the purpose of

evaluation.

Envelope 3:

Technical Bid

The Technical Bid shall be submitted in accordance with the requirements

specified in this RFP and in the formats prescribed in this volume. The

envelope shall be sealed and super scribed “Technical Bid –

Establishment of Comprehensive Call Centre, Department of Health &

Family Welfare” on the top right hand corner and addressed to the

Department at the address specified at “Schedule for Invitation to

Tender” in this volume.

This envelope should not contain any Commercials, in either explicit or

implicit form, in which case the bid will be rejected.

The Technical Bid should be submitted with two printed copies of the

entire Bid and a soft copy on non-rewriteable compact discs (CDs) with

all the contents of the Technical Bid. The words “Technical Bid –

Establishment of Comprehensive Call Centre, Department of Health &

Family Welfare” shall be written in indelible ink on the CD. The Hard Copy

shall be signed by the authorized signatory on all the pages before being

put along with the CD in the envelope and sealed.

In case of discrepancies between the information in the printed version

and the contents of the CDs, the printed version of the Technical Bid will

prevail and will be considered as the Bid for the purpose of evaluation.

Envelope 4:

Commercial Bid

The Commercial Bid will be submitted in one printed copy only.

All the pages in the commercial response should be on the letterhead of

the Bidder with a seal and signature of the authorized signatory of the

Bidder.

The hard copy shall be signed by the authorized signatory on all the pages

before being put in the envelope and sealed. The envelope should also be

super scribed “Commercial Bid – Establishment of Comprehensive Call

Centre, Department of Health & Family Welfare (Not to be opened with

the Technical Bid) at the top right hand corner and addressed to

Department at the address specified at “Schedule for Invitation to

Tender” in this volume.




Envelope 5 All the above 4 envelopes along with the cover letter, should be put in

Envelope 5 which shall be properly sealed. The outside of the envelope

must clearly indicate the name of the project (“Establishment of

Comprehensive Call Centre, Department of Health & Family Welfare” )

Note: The outer and inner envelopes mentioned above shall indicate the name

and address of the bidder agency. Failure to mention the address on the

outside of the envelope could cause a Bid to be misdirected or to be

received at the required destination after the deadline.

Table 3 - Mode of Submission

i. The DoHFW will not accept delivery of Bid in any manner other than that specified in

this volume. Bid delivered in any other manner shall be treated as defective, invalid and

rejected.

ii. Joint Venture/Consortium & Sub-Contracting is not allowed for bidding for the project.

iii. Technical Bid should not contain any Commercial Information.

iv. Only Technically qualified bidders’ Commercial Bid shall be opened.

v. The Bids shall be valid for a period of 180 days from the date of opening of the Bids. A

Bid valid for a shorter period may be rejected as non-responsive. On completion of the

validity period, unless the bidder withdraws his Bid in writing, it will be deemed to be

valid until such time that the bidder formally (in writing) withdraws his Bid.

vi. In exceptional circumstances, at its discretion, the DoHFW may solicit the bidder's

consent for an extension of the validity period. The request and the responses thereto

shall be made in writing or by fax or email.

2.2 Documents comprising the Bid

i. The Bidder is expected to submit the documents for qualifying as per the

qualification criteria mentioned in the RFP.

ii. The Bidder should specify all items as per the scope of the Project in its Technical

Bid.

iii. The Bidder is expected to submit the commercial offer covering all the items and

services proposed in the Technical Bid. DoHFW may seek clarifications from the

Bidder on the Technical Bid. Any of the clarifications by the Bidder on the Technical

Bid should not have any commercial implications.

iv. The Commercial offer submitted by the Bidder should be inclusive of all the items in

the Technical Bid including any clarification provided by the Bidder on the Technical

Bid during the evaluation of the Technical Offer.

v. Unless expressly indicated in this RFP, bidder shall not include any Technical

Information regarding the services in the Commercial Bid.

vi. The Commercial offer shall cover the complete Project duration as specified in the



RFP.

vii. The Bidder must provide the Commercial Bid in hardcopy only.

2.3 Price Information (Bid Prices, Firm Prices & Discounts)

a. The Bidder shall quote price for all the components, the services of the solution to meet

the requirements of the DoHFW as listed in this RFP. All the prices will be in INR only.

b. No adjustment of the price quoted in the Commercial Bid shall be made on account of

any variations in costs of labour and materials, currency exchange fluctuations with

international currency or any other cost component affecting the total cost in fulfilling

the obligations under the contract.

c. The price quoted in the Commercial Bid shall be the only payment, payable by DoHFW

to the successful Bidder for completion of the contractual obligations by the successful

Bidder under the Contract, subject to the terms of payment specified. The price should

be inclusive of all taxes, duties, charges and levies as applicable.

d. The prices, once offered, must remain fixed and must not be subject to escalation for

any reason whatsoever within the period of the validity of the Bid and the contract. A

Bid submitted with an adjustable price quotation or conditional Bid may be rejected

as non-responsive.

e. Bidder should provide all prices, quantities as per the prescribed format given under

Part-2 (Instruction to Bidders), Section 8 of this RFP. Bidder should not leave any field

blank. In case the field is not applicable, Bidder must indicate “0” (zero) in all such fields.

f. It is mandatory to provide the break-up of all components in the format specified for

detailed Bill of Material. The commercial bid should include the unit price and proposed

number of units for each component provided in the Bill of Material in the commercial

bid. In case of a discrepancy between the Bill of Material and the commercial bid, the

technical Bill of Material remains valid. In no circumstances shall the commercial bid be

allowed to be changed / modified.

g. All costs incurred due to delay of any sort, shall be borne by the Bidder.

h. The DoHFW reserves the right to ask the Bidder to submit proof of payment against any

of the taxes, duties, levies indicated within specified time frames.

2.4 Bidder Authorization

a) The "Bidder" as used in the tender documents shall mean the one who has signed the

Tender Form. The Bidder must be a duly Authorized Representative. All certificates and

documents (including any clarifications sought and any subsequent correspondences)

received hereby, shall, as far as possible, be furnished and signed by the representative.

b) The authorization for the Authorized Representative shall be indicated by written Board

Resolution / Authorization Letter accompanying the bid.

c) The power or authorization and any other document consisting of adequate proof of the

ability of the signatory to bind the Bidder shall be annexed to the bid.



2.5 Conditions under which this RFP is issued

a) This RFP is not an offer and is issued with no commitment. DoHFW reserves the right to

withdraw the RFP and change or vary any part thereof at any stage. Department also

reserves the right to disqualify any bidder should it be so necessary at any stage.

b) Timing and sequence of events resulting from this RFP shall ultimately be determined by

the DoHFW.

c) No oral conversations or agreements with any official, agent, or employee of DoHFW

shall affect or modify any terms of this RFP and any alleged oral agreement or

arrangement made by a bidder with any department, agency, official or employee of

DoHFW shall be superseded by the definitive agreement that results from this RFP

process. Oral communications by DoHFW or any written materials provided by any

person other than DoHFW to bidders shall not be considered binding on Department.

d) Neither the bidder nor any of the bidder’s representatives shall have any claims

whatsoever against DoHFW or any of their respective officials, agents, or employees

arising out of or relating to this RFP or these procedures (other than those arising under

a definitive service agreement with the bidder in accordance with the terms thereof).

e) Until the contract is awarded and during the currency of the contract, bidders shall not,

directly or indirectly, solicit any employee of to leave DoHFW or any other officials

involved in this RFP process in order to accept employment with the bidder, or any

person acting in concert with the bidder, without prior written approval of Department.

2.6 Right to the contents of the Bid

All Bids and accompanying documentation of the Technical Bid will become the property of

DoHFW and will not be returned after opening of the Technical Bid. Department is not

restricted in its rights to use or disclose any or all of the information contained in the bid

and can do so without compensation to the bidders. Department shall not be bound by any

language in the Bid indicating the confidentiality of the bid or any other restriction on its use

or disclosure.

2.7 Modification& Withdrawal of Bids

No bid may be withdrawn in the interval between the deadline for submission of bids and

the expiration of the validity period specified by the bidder on the bid form. Entire bid

security shall be forfeited if any of the bidders withdraw their bid during the validity period.

2.8 Correction of Error

a) Bidders are advised to exercise adequate care in quoting the prices. No excuse for

corrections in the quoted figures will be entertained after the commercial Bids are

received by the DoHFW. All corrections, if any, should be initialed by the person signing

the Bid form before submission, failing which the figures for such items may not be



considered.

b) Arithmetic errors in Bids will be considered as follows: In case of discrepancy between

the amounts mentioned in figures and in words, the amount in words shall govern. The

amount stated in the Bid form, adjusted in accordance with the above procedure, shall

be considered as binding, unless it causes the overall Bid price to rise, in which case the

Bid price shall govern.

2.9 Non-Conforming Bid

a. A bid may be construed as a non-conforming bid and ineligible for consideration:

i. If it does not comply with the requirements of this RFP. Failure to comply with the

technical requirements, and acknowledgment of receipt of amendments, are

common causes for holding bids non-conforming.

ii. If a bid appears to be “canned” presentations of promotional materials that do not

follow the format requested in this RFP or do not appear to address the particular

requirements of the bid solution, and any such bid may also be considered as non-

conforming.

2.10 Disqualification

The bid is liable to be disqualified in the following cases or in case bidder fails to meet the

bidding requirements as indicated in this RFP:

a) Bid not submitted in accordance with the procedure and formats prescribed in this

document or treated as non-conforming bid.

b) During validity of the bid, or its extended period, if any, the bidder fails to maintain its

quoted price.

c) The bidder qualifies the bid with his own terms & conditions.

d) Bid is received in incomplete form.

e) Bid is received after due date and time at the designated venue.

f) Bid is not accompanied by all the requisite documents.

g) Information submitted in Technical Bid is found to be misrepresented, incorrect or false,

accidentally, unwittingly or otherwise, at any time during the processing of the contract

(no matter at what stage) or during the tenure of the contract including the extension

period if any.

h) Commercial Bid is not submitted separately as per requirements.

i) Bidder tries to influence the Bid Evaluation Process by unlawful / corrupt / fraudulent

means at any point of time during the bid process.

j) In case any one bidder submits multiple bids or if common interests are found in two or

more bidders, the bidders are likely to be disqualified, unless additional bids/bidders are

withdrawn upon notice immediately.

k) Bidder fails to deposit the Performance Bank Guarantee (PBG) or fails to enter into a

contract within 30 working days of the date of notice of award of contract or within

such extended period, as may be specified by DoHFW.



l) Bidders may specifically note that while evaluating the bids, if it comes to Department’s

knowledge expressly or implied, that some bidders may have colluded in any manner

whatsoever or otherwise joined to form an alliance resulting in delaying the processing

of bid then the bidders so involved are liable to be disqualified for this contract as well

as for a further period of three years from participation in any of the tenders floated by

DoHFW.

2.11 Conflict of Interest

Agency shall furnish an affirmative statement as to the absence of, actual or potential

conflict of interest on the part of the agency or any prospective sub-contractor due to prior,

current, or proposed contracts, engagements, or affiliations with MOH or State of Himachal

Pradesh. Additionally, such disclosure shall address any and all potential elements (time

frame for service delivery, resource, financial or other) that would adversely impact the

ability of the agency to complete the requirements as given in the RFP.

2.12 General Conditions for Bid Opening

a) Total transparency will be observed while opening the proposals/bids.

b) DoHFW reserves the rights at all times to change bid schedule.

c) The bids will be opened, in two sessions, one for Technical and one for

Commercial of those bidders whose technical bids qualify, in the presence of

bidders’ representatives who choose to attend the Bid opening sessions on the specified

date, time and venue.

d) The bidders’ representatives who are present shall sign a register evidencing their

attendance. In the event of the specified date of bid opening being declared a holiday

for DoHFW, the Bids shall be opened at the same time and location on the next working

day. However if there is no representative of the bidder, DoHFW shall go ahead and

open the bid of the bidders.

e) During bid opening preliminary scrutiny of the bid documents will be made to determine

whether they are complete, whether required bid security has been furnished, whether

the documents have been properly signed, and whether the bids are generally in order.

Bids not conforming to such preliminary requirements will be prima facie rejected.

f) The bid shall be opened in stages, envelope wise. Envelope 1 and Envelope 2 shall be

opened for Bid security and Bidder meeting the qualification Criteria. Technical bids will

be opened by the concerned officer/officers at the time and date as specified in the

tender documents. All the Statements, documents, certificates, BG etc., submitted by

the Bidder will be verified and downloaded, for technical evaluation (TE).

g) The clarifications, particulars, if any, required from the bidders, will be obtained either

online or in the conventional method by addressing the bidders. The technical bids will

be evaluated against the specified parameters / criteria, same as in the case of

conventional tenders and the technically qualified bidders will be identified. The result

of Technical bid evaluation will be published on www.nrhmhp.gov.in which can be seen




by all the bidders who participated in the Bid process.

h) Similarly, at the specified date and time, the Commercial Offer of all the technically

qualified bidders will be opened by the concerned officer/officers and the result will be

published on www.nrhmhp.gov.in which can be seen by all the bidders who participated

in the Bid Process. Till the technical bids are opened, the identity of the bidders who

participated in the Tenders is to be kept confidential. Similarly, till the price bids are

opened, the Price bid offers will be kept confidential.




3. Bid Opening & Evaluation Process

3.1 Bid Opening Sessions

The Department of Health & Family Welfare will open the Pre-Qualification, Technical &

Commercial Bids in the presence of the representatives of the Bidders who choose to

attend, at the time, date and place, as mentioned at “Schedule for Invitation to Tender”

Section of this RFP.

The Bidders' names, modifications, bid withdrawals and the presence or absence of the

requisite Bid Security and such other details as the Purchaser, at its discretion, may consider

appropriate will be announced at the bid opening.

3.2 Overall Evaluation Process & Criteria

3.2.1 Pre-Qualification Process & Criteria

a) The prospective Bidder has to furnish the details as mentioned in “Section 8.1 &

8.2 – Bidder Details” and shall have to enclose along with the letter of pre-

qualification, documentary evidence in support of following mentioned Pre-

Qualification conditions in the absence of which the bid will be rejected

summarily. The technical bid will be evaluated only for the Bidders qualifying

the pre-qualification conditions. Bidder must fulfill the Pre-Qualification criteria

and must individually provide the Pre-Qualification documents as documentary

evidence.

b) The Bidder should fulfill the minimum criteria mentioned in the table below:

Sr. No.

Pre-qualification Criteria Documentary Evidence Required

Bidder’s Profile

PQ.1 The Bidder should be registered under the Companies Act, 1956 in India. Or Society Registered under Society Registration Act 2001

Company/Society Registration Certificate/ Certificate of Incorporation

PQ.2 Bidder must have a registered office for doing business in India for a period of at least last 5 years as on March 31, 2015.

Certificate of Incorporation and Commencement of Business & Audited Financial Report

PQ.3 The Bidder should have an Average Annual Turnover during last three financial years should be 10 Crore or more. (i.e. 2011-2012, 2012-13, 2013-

Audited Balance Sheet / Annual Reports and Profit & Loss account statements for each of the three years



Sr. No.


14) from BPO/Call Centre Businesses

PQ.4 Bidder should not have been blacklisted/ banned by any Government/ Government Companies/ Statutory Corporation as on the date of submission of proposal.

Declaration by Authorized signatory of the Bidder

Self-declaration certificate regarding the matter that the organization is not blacklisted by any Government Organization.

Should submit a self-declaration for not being under legal action for corrupt or fraudulent practices.

PQ.5 Bidder should have minimum 5 Medical Counselor on board on Companies roll

Bidders resources list as per the format in section 8.2.11

PQ.6 Bidder should have minimum 50 Resources (Call Center Executive) working across various Call Center/ BPO Projects across India

Bidders resources list as per the format in section 8.2.11

PQ.7 Minimum 70% (i.e. minimum 18 out of total 27) of the total resources should be Himachali

Bonafide Himachali Certificate

Bidder’s Experience

PQ.7 Bidder should have successfully implemented/ completed similar Call Center project

Project Citation supported with Work Order & Proof of Project Completion Certificates from client.

PQ.8 Bidder should have minimum 3 years of Experience in BPO/Call Center Industry


PQ.9 Top Management of Bidder should have minimum 3 years of experience in in Call Center/ BPO Industry


Bidder’s Submissions

PQ.10 The Bidder should submit the Bid Security of Rs. 5,00,000/-

Bid Security in form of Demand Draft

PQ.11 The Bidder should submit the tender fees (non-refundable) of Rs. 5,000/- & Processing Fee of Rs. 10,000/- (non-

Tender fees in form of Demand Draft



Sr. No.


refundable)

PQ.12 The Bidder shall furnish an affirmative statement as to existence of, absence of, or potential for conflict of interest on the part of the bidder, due to prior, current, or proposed contracts, engagements, or affiliations with any of the clients – that may have an impact on the contract with Purchaser.

Declaration by Authorized signatory of the Bidder

PQ.13 Board Resolution / Power of Attorney, in the name of person signing the Bid, authorizing him / her to submit/ execute this agreement as a binding document.

Board Resolution / Power of Attorney signed by Authorized Signatory

Table 4 - Pre-Qualification Criteria

3.2.2 Technical Process & Criteria

a) In this part, the Technical bid will be reviewed for determining the eligibility of

the Bidder for the Project and to ascertain Compliance of the Technical bids

with the Tender terms and conditions, technical requirements and scope of

work as defined in this tender.

b) This shall be the second stage of the evaluation by the DoHFW. Only those

Bidders who cross the threshold level of Technical Evaluation (TE) indicated

below and adhere to the Department’s technical requirements shall be

considered for Commercial Evaluation (CE).

c) In case of no response by the Bidder to any of the requirements with regard to

the contents of the Technical Bid, he shall not be assigned any marks for the

same

d) Evaluation Criteria proposed to be adopted will be Quality-cum-Cost Based

System (QCBS) where Technical Bid Score will get a Weightage of 70% and

Financial Bid Score a Weightage of 30%.

e) Technical Bid of the bidder shall be opened and evaluated for acceptability of

Techno-functional requirements, deviations and technical suitability. Bidders

shall respond to the requirements as explained below for their evaluation with

regard to experience and qualification. Also, Bidder shall refer and respond to all

technical requirements as mentioned in the RFP document. The evaluation

process would also include a presentation of technical proposal by the Bidder.

f) Technical Evaluation (TE) shall be on the basis the following parameters:



Technical Evaluation Parameters

Sr.

No.

PARAMETER MAX. MARKS

(Total 100)

Documents to be Submitted

1. Organization Capability 20 Marks Detail break-up of evaluation of

Organization Capability is mentioned

in next section

2. Bidders Experience of the Firm 30 Marks Project Citation supported with Work

Order and Proof of Project Completion

Certificates from client.

3. Technical Solution

I. Technical Presentation of the Bidder

– 10 Points

II. Call Center Competencies of the

Bidder - 8 Points

III. Training Methodology & Reporting

capability of the Bidder – 4 Points

IV. O&M methodology – 3 Points

25 Marks Assessment on the basis of Technical

Proposal, Technical Presentation along

with the Proof of Concept.

4. Qualification & Relevant Experience of

Key Personnel

I. Key Resource - (20 Call Centre

Executives + 5 Medical Counselors +

2 Doctor) - 15 Points

II. Deployment Plan – 10 Points

25 Marks Detailed CVs and Resource

Deployment Plan




Sr.

No.

PARAMETER Max.

Marks

Criteria Form to be

used

1. Organization Capability 20 Marks

1.1 Financial Capability of the

Bidder

10 a) If Bidder turnover is >= 20 Cr.

for FY 2013-14 with profit = 10

Points

b) If Bidder turnover is >= 15 Cr. &

< Rs. 20 Cr. for FY 2013-14 with

profit = 7 Points

c) If turnover is >= 10 Cr. & < Rs. 15

Cr. for FY 2013-14 with profit = 5

Points

Project

Completion

Certificates

from client.

1.2 Professional Experience of Top

Management in Call Center/

BPO Industry

3 a) If Experience of Top

Management in Call Center/BPO

Industry is more than 7 years: 3

Points

b) If Experience of Top

Management in Call Center/BPO

Industry is more than 3 years but

less than 7 years = 1 Point

As per

Section 8.2.1

1.3 Number of Medical Counselor

on board of the Bidder

2 a) If Bidder has >=10 Medical

Counselors on Board: 2 Points

b) If Bidder has >=5 & <10 Medical

Counselors on Board: 1 Point

As per

Section

8.2.11

1.4 No. of Call Center Executive

working for Bidder on various

Call Center/BPO Projects in

India

5 a) If Bidder has > 100 Call Center

Executives working on various BPO

projects in India: 3 Points

b) If Bidder has > 75 Call Center

Executive working on various BPO

projects in India: 2 Points

As per

Section

8.2.11




Sr.

No.

PARAMETER Max.

Marks

Criteria Form to be

used

c) If Bidder has > 50 Call Center

Executive working on various BPO

projects in India: 1 Point

2 Bidder’s Experience 30 Marks

2.1 Bidder should have successfully

implemented/ completed

similar Call Center project

during the last 5 years.

18

a) 4 Projects or more = 18 Points

b) 3 Projects = 12 Points

c) 1 to 2 Projects = 6 Points

Project

Completion

Certificates

from client.

2.2 Bidders as Organizations

Experience in Call Center/ BPO

Industry in India

6 More than 7 Years of Experience in

Call Center/BPO Industry = 6

Points

More than 3 Years of Experience in

Call Center/BPO Industry = 3 Point

Project

Completion

Certificates

from client.

2.3 Organization Experience in

Hindi Language based Call

Center/BPO Industry

3 a) 3 Projects or more = 3 Points


Project

Completion

Certificates

from client.

2.4 Bidder experience in Health

Services/e-Governance related

call center

3 a) 2 Projects or more = 3 Points


Project

Completion

Certificates

from client.

3.1 Technical Solution 25 Marks

3.1 Technical Presentation of the

Bidder:

10 a) Understanding scope &

objective for conceptualizing the

project = 2 points

b) Completeness of response of

Bidder = 2 points

c) Overall concord between

Technical

Presentation,

Project

Completion

Certificate




Sr.

No.

PARAMETER Max.

Marks

Criteria Form to be

used

Project requirement = 2 points

d) Experience in designing and

implementing integrated IVR, CTI,

etc. for similar projects in India = 2

Points

e) Experience in setting up an

outsourced Call Centre = 2 Points

3.2 Call Center Competencies of

the Bidder

8 a) Core Competency of the Bidder

= 2 Points

b) Technical Expertise of the

Bidder = 2 Points

c) Security (Software/Hardware)

Initiative of the Bidder in Call

Center/BPO projects = 2 Points

d) Process flow & Quality control

management of the Bidder = 2

Points

As per

format in

Section

8.2.4,

Section

8.2.7,

Section 8.2.9

3.3 Training Methodology &

Reporting capability of the

Bidder

4 a) Training Methodology of the

bidder = 2 Points

b) Reporting capability of the

Bidder = 2 Points

As per

format in

Section 8.2.8

and 8.2.10

3.4 O&M methodology 3 a) Business Profiling of the Bidder

= 2 Points

b) References of the Bidder related

to Call Center/BPO projects= 1

Point

As per

format in

Section 8.2.2

and 8.2.12

4. Qualification & Relevant

Experience of Key Personnel

25 Marks




Sr.

No.

PARAMETER Max.

Marks

Criteria Form to be

used

4.1 Proposed Key Personnel 15 If 20 or more resources meet

minimum criteria and have mini. 1

year Experience in Health

Sector/Services related Call Centre

= 15 Points

If 15 or more resources meet




= 10 Points

If 10 or more resources meet




= 5 Points

Profile of the

Personnel to

be deployed

as per

section

8.2.15

4.2 Deployment Plan 10 Detailed plan for setting up of call

center and deployment of

Resources (Doctor, Medical

Counselor & Call Center Executive

)

Deployment

plan for

resources

Note :

1. For all the above, the Completion Certificate of the projects completed in the last 5 years (as on

31/03/2015) need to be provided (issued to the responding firm by the respective customers)

2. The value of the projects considered in the above criterion would be based on the Purchase Order or

the LOI issued to the responding firm.

3. In absence of the supporting documents, the projects would not be considered for evaluation



Sr. No. Key Personnel Marks Resource Evaluation Criteria

1 Call Centre Executives 10 0.5 Point per Executive

2 Medical Counselor (at least 2 should be Clinical Physiologist)

5 1 Point per Medical Counselor

3 Doctor 5 2.5 Points per Doctor point

Note: As per the commitment/mandate of the State Government, out of total 27 resources required for Setting up of Comprehensive Call Centre in Himachal Pradesh, 18 or more should be Himachali

i. Short listed parties will be invited for presentation of technology that will be used before opening the Price Bid. The time and venue for the presentation shall be intimated to the Applicants. All Applicants shall be required to make presentations up to 30 minutes, before opening of Financial Proposals, to demonstrate their credentials before the Evaluation committee and to submit hard copies during the presentation.

ii. Only those Applicants who’s Technical Proposals score 70 marks or more out of 100 shall qualify for further consideration.

iii. Financial Bids will be opened for technically qualified Bidders only. iv. DoHFW reserves the right to accept or reject any proposal at any time without

any liability or any obligation for such rejection or annulment and without assigning any reason.

v. Selected parties will have to sign a service level agreement after issue of the

work order.

3.2.3 Commercial Process & Criteria

a) If there is a discrepancy between the unit price and the total price that is

obtained by multiplying the unit price and quantity, the unit price shall prevail

and the total price shall be corrected. If there is a discrepancy between words

and figures, the amount in words will prevail.

i. The Total Contract Price (TCP) will be summation of cost as per Section 8.3.2 - Annexure – Total Contract Price (TCP) placed in this RFP Document, shall be used by the Department of Health & Family Welfare for the purpose of Commercial Evaluation of Bids.

b) The Bid having the Lowest Commercial Quote shall be termed as the Highest

Evaluated Bid and will be awarded 100 marks. Commercial score of all the other

Bidders will be calculated on the basis of the following formula:

Comm. score of Bidder (CS) = Comm. Quote of lowest Bidder x 100x 30%



Comm. quote of bidder

c) Total Score of the Bidder

Total score of the each bidding party will be computed by adding the Technical

score and Commercial Score on the basis of the following formula:

Total Score = TS + CS

d) The Bidder whose bid has secured the “Highest Total Score” out of 100 as per

above evaluation will be considered as best evaluated Bid.



4. Award of Contract

4.1 Award Criteria

Department of Health & Family Welfare will award the Contract to the successful bidder for

a period 5 Years extendible by 2 years based on satisfactory performance. If contract

extends then Cost mentioned in Commercial Format will be applicable for extended time

period (i.e. Amount per quarter in INR). Call Centre should be completed within 90 days

from the date issue of the work order/award of contract.

Successful bidder will be decided based upon QCBS.

4.2 Right to vary Scope of Contract

a) The DoHFW may at any time, by a written order given to the Bidder, make changes

within the quantities, specifications, services or scope of the Contract as specified.

b) If any such change causes an increase or decrease in the cost of, or the time required for

the Bidder’s performance of any part of the work under the Contract, whether changed

or not changed by the order, an equitable adjustment shall be made in the Contract

Price or time schedule, or both, and the Contract shall accordingly be amended. Any

claims by the Bidder for adjustment under this Clause must be asserted within thirty

(30) days from the date of the Bidder’s receipt of the Department’s changed order.

4.3 Right to Accept/Reject any Bid

a) The DoHFW reserves the right to accept any bid, and to annul the Tender process and

reject all bids at any time prior to award of Contract, without thereby incurring any

liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder

or Bidders of the grounds for the Department’s action.

b) The DoHFW reserves the right to negotiate the commercials with the selected Bidder

and seek revised Commercial Bid.

4.4 Notification of Award

Prior to the expiration of the validity period, DoHFW will notify the successful bidder in

writing or by fax or email, to be confirmed in writing by letter, that its bid has been

accepted. The notification of award will constitute the formation of the contract. Upon the

successful bidder's furnishing of performance security, DoHFW will promptly notify each

unsuccessful bidder.

4.5 Negotiations with Successful Bidder



If required, negotiations will be held at the date, time and address intimated to the qualified

and selected Bidder. Representatives conducting negotiations on behalf of the Bidder must

have written authority to negotiate and conclude a Contract.

4.6 Signing of Contract

a) After completing negotiations the DoHFW shall issue a Letter of Intent (LOI) to the

selected Bidder and promptly notify all other Bidders who have submitted proposals

about the decision taken.

b) The Bidder will sign the contract after fulfilling all the formalities/pre-conditions

mentioned in the standard form of contract/Special Condition of Contract within 15

days of issuance of the Letter of Intent.

c) Upon the successful Bidder's furnishing of Performance Security pursuant to Section 4.7

of this section, the DoHFW may notify each unsuccessful Bidder and will discharge its

bid security, pursuant to Section 1.3 of this section.

4.7 Performance Security

a) The successful Bidder shall furnish the performance security in the form of an

unconditional, irrevocable and continuing Bank Guarantee of 10% of the total contract

value before or at the time of signing the Contract, in the Contract Performance Security

Bond prescribed at Section 8.5 of this RFP. The Performance security should be valid up

to a period of six months after the contract period.

b) Failure of the successful Bidder to comply with the requirements of the RFP, shall

constitute sufficient grounds for the annulment of the award and forfeiture of the bid

security, in which event the Purchaser may award the Contract to the next best

evaluated bidder or call for new bids.

4.8 Confidentiality of the Document

This Tender Document is confidential and the Bidder shall ensure that anything contained in

this Tender Document shall not be disclosed in any manner, whatsoever to parties other

than the proposed OEMs and Authorized Service Providers.



5. Payment Terms

Sr. No Milestones Total No. of Quarters Total Payment

1 Payment Per Quarter 20 Quarter Payment * 20

Other Payment Terms & Conditions

No advance Payment will be given.

Payment will be given on Quarterly basis, Once the Call Centre is set-up, QGR of Agency would be initiated on quarterly basis on completion of quarter (3 month period)

Payment shall be released on the basis of Total cost of the project divided equally into 20 quarterly payments.

While disbursing the QGR, Penalties shall be deducted as per SLA defined

The Cost of the seats quoted by the Agency as per the Commercial Format given at Annexure 8.3.2 shall include the cost of Hardware, Software, Application, Training etc.

Bills of phone lines would be reimbursed by Department of Health & Family Welfare as per actual

1. All payments shall be made by the Purchaser to the Bidder in Indian Rupees (INR) and subject to

SLAs as defined in this RFP.

2. Processing of payment shall be made only after the Sign Off has been issued by the Purchaser.

1.12.1 All payments to be made by the Purchaser to the Bidder shall be subject to

deductions, liquidated damages/ penalty as mentioned in the RFP. Purchaser

shall make payments only to the Bidder at the times and in the manner set out

in the Payment schedule as specified in this RFP, subject always to the

fulfillment by the Bidder of the obligations herein. Purchaser will make all

efforts to make payments to the Bidder within 60 days of receipt of invoice(s)

and all necessary supporting documents.

1.12.2 Purchaser shall make all payments under this RFP, as set out in the Payment

clause to the Bidder only and shall not be liable to make any payments or for

any other related obligation under this RFP to any other party including but not

limited to the Bidder’s sub-contractors or any other member of Bidder’s Team

or any third party engaged by the Bidder in any way connected with the

discharge of the Bidder’s obligation under the Contract and in any manner

whatsoever. The Bidder shall be fully liable and responsible for meeting all such

obligations and all payments to be made to the aforesaid entities/parties.

1.12.3 All payments agreed to be made by Purchaser to the Bidder in accordance with

the Bid shall be inclusive of all statutory levies, duties, taxes and other

charges whenever levied/applicable including costs of maintenance, if any and

Purchaser shall not be liable to pay any such levies/other charges under or in

relation to this RFP and/or the Services.



1.12.4 In case of change in taxes under change in law, appropriate parties shall be

passed the benefit of the same over and above the contract value. No invoice

for extra work/change order on account of change order will be submitted by

the Bidder unless the said extra work /change order has been approved by the

Purchaser as per mutually agreed rates in writing on Change order.

1.12.5 In the event of Purchaser noticing at any point of time that any amount has

been disbursed wrongly to the Bidder or any other amount is due from the

Bidder to the Purchaser, the Purchaser shall, after notifying the Authorized

Representative of the Bidder in writing and without prejudice to its rights,

deduct such amount from any payment due to the Bidder or recover such

amounts by other means. The details of such recovery, if any, will be intimated

to the Bidder within a stipulated time frame as agreed to by both the parties.

1.12.6 In the event of the Bidder noticing at any point of time that there has been

short payment by the Purchaser on any invoice, the Bidder shall bring it to the

record of the Authorized Representative of the Purchaser. The amount due to

the Bidder will be released through a fresh invoice or as mutually agreed to by

both the parties.

1.12.7 Deductions:

1. All payments to the Bidder shall be subject to the deductions of tax at

source under Income Tax Act, and other taxes and deductions as

provided for under any law, rule or regulation. All costs, damages or

expenses which Purchaser may have paid or incurred, for which under

the provisions of the Contract, the Bidder is liable, the same shall be

deducted by Purchaser from any dues to the Bidder. All payments to the

Bidder shall be made after making necessary deductions as per terms of

the Contract and recoveries towards facilities, if any, provided by the

Purchaser to the Bidder on chargeable basis.

1. The Bidder shall be solely responsible for the payment /fulfillment of its

tax liabilities and obligations under the Income Tax Act and other such

laws in force and the Purchaser shall not bear responsibility for the same.

Bidder shall indemnify Purchaser against any and all liabilities or claims

arising out of this Contract for such taxes including interest and penalty

any such Tax Authority may assess or levy against the Purchaser/Bidder.

2. The Purchaser shall if so required by applicable laws in force, at the

time of payment, deduct income tax payable by the Bidder at the rates in

force, from the amount due to the Bidder and pay to the concerned tax

authority directly.



6. Special Conditions of the Contract

6.1 Key terms and their definitions

In this RFP, the following terms shall be interpreted as indicated:

i. “Business Day” means any day that is not a Sunday or a public holiday and starts

at 09:00 AM.

ii. “Confidential Information” means any information disclosed to or by any Party

to this Contract and includes any information in relation to the Parties, a third

party or any information including any such information that may come to the

knowledge of the Parties hereto / Bidder’s Team by virtue of this Contract that:

a) is by its nature confidential or by the circumstances in which it is disclosed

confidential; or

b) is designated by the disclosing Party as confidential or identified in terms

connoting its confidentiality;

but does not include information which is or becomes public knowledge other

than by a breach of this Contract;

iii. “Contract” means the Agreement entered into between the Bidder together with

the Purchaser as recorded in the Contract form signed by the Purchaser and the

Bidder including all Annexes thereto, the Tender and all Annexes thereto and the

agreed terms as set out in the bid, all documents incorporated by reference

therein and amendments and modifications to the above from time to time.

iv. “Contract Value” means the price payable to the Bidder under this Contract for

the full and proper performance of its contractual obligations. The Contract

Value shall be equal to the total Bid Price.

v. “Document” means any embodiment of any text or image however recorded

and includes any data, text, images, sound, voice, codes or and databases or

microfilm or computer generated micro fiche.

vi. “Effective Date” means the date on which this Contract comes into force. This

Contract shall come into force and effect on the date (the “Effective Date”) of the

Purchaser’s notice to the Bidder instructing the Bidder to begin carrying out the

activities.

vii. “Department” means Department of Health & Family Welfare, Government of

Himachal Pradesh.

viii. “Goods” means all of the equipment, sub-systems, hardware, software,

products, accessories and/or other material / items which the Bidder is required

to supply, install and maintain under the contract.

ix. “Intellectual Property Rights” means any patent, copyright, trademark, trade

name, service marks, brands, propriety information, Application Software



whether arising before or after the execution of this Contract and the right to

ownership and registration of these rights.

x. “Notice” means:

a) A notice; or

b) Consent, approval or other communication required to be in writing under

this Contract.

xi. “OEM” means the Original Equipment Manufacturer of any equipment / system

/ software / product which is providing such goods to the Purchaser under the

scope of this Tender / Contract.

xii. “Purchaser” means the Department of Health & Family Welfare, Government of

Himachal Pradesh.

xiii. “Service” means services to be provided as per the requirements / conditions

specified in this tender / contract. In addition to this, the definition would also

include other related/ancillary services that may be required to execute the

scope of work under this contract.

xiv. “Service Specification” means and includes detailed description, statements to

technical data, performance characteristics, and standards (Indian as well as

International) as applicable and as specified in the Contract, as well as those

specifications relating to Industry standards and codes applicable to the

performance of the work, work performance quality and specifications affecting

the work or any additional specification required to be produced by the Bidder to

meet the design criteria.

xv. “Bidder” means the successful Bidder who is fully responsible towards

“Establishment of Comprehensive Call Centre” for providing turnkey solution to

set up IT and other systems and provide related services as per the requirements

and terms and conditions specified in this tender / contract. The term Bidder

shall be deemed to include the Bidder's successors, representatives (approved by

the Purchaser), heirs, executors, administrators and permitted assigns, as the

case may be, unless excluded by the terms of the contract.

xvi. “Bidder’s Representative” means the person or the persons appointed by the

Bidder from time to time to act on its behalf for overall co-ordination,

supervision and Project Management.

xvii. “Bidder’s Team” means the successful Bidder who have to provide goods & services to the Purchaser under the scope of this Tender / Contract. This definition shall also include any and/or all of the employees of the Bidder, authorized service providers/partners/agents and representatives or other personnel employed or engaged either directly or indirectly by the Bidder for the purposes of this Tender / Contract.



6.2 Interpretation

In this RFP unless a contrary intention is evident:

a) the clause headings are for convenient reference only and do not form part

of this RFP;

b) unless otherwise specified a reference to a clause number is a reference to

all of its sub-clauses;

c) unless otherwise specified a reference to a clause, sub-clause or section is a

reference to a clause, sub-clause or section of this Contract including any

d) amendments or modifications to the same from time to time;

e) a word in the singular includes the plural and a word in the plural includes

the singular;

f) a word importing a gender includes any other gender;

g) a reference to a person includes a partnership and a body corporate;

h) a reference to legislation includes legislation repealing, replacing or

amending that legislation; where a word or phrase is given a particular

meaning it includes the appropriate grammatical forms of that word or

phrase which have corresponding meanings.

i) in the event of an inconsistency between the terms of this RFP and the

Tender and the Bid, the terms hereof shall prevail

6.3 Conditions Precedent

This RFP is subject to fulfillment of following conditions precedent by the Bidder.

b) Furnishing by the Bidder, an unconditional, irrevocable and continuing Bank

Guarantee (10% of the total contract value), in a form and manner

acceptable to the Purchaser which would remain valid until such time and

be renewable as may be stipulated by the Purchaser.

c) Obtaining of all statutory and other approvals required for the performance

of the Services under this RFP. This may include approvals/clearances,

wherever applicable, that may be required for execution of this contract.

d) Where the designated Bidder is a subsidiary of a company or a member of a

group of companies or is a joint venture company or is special purpose

vehicle (SPV) [formed to execute the obligations under this RFP] and

where the Purchaser may specify (on account of the Bidder’s failure to fulfill

all selection criteria specified in the Tender), the parent or flagship

company/ majority shareholder of such Bidder having furnished an

unconditional, irrevocable and continuing guarantee (10% of the total

contract value), on behalf of the Bidder in a form and manner

acceptable to the Purchaser which would remain valid until such time,

beyond the term of the RFP, as may be stipulated by the Purchaser

e) Furnishing of such other documents as the Purchaser may specify.



f) The Purchaser reserves the right to waive any or all of the conditions specified in

6.3.1 above in writing and no such waiver shall affect or impair any right, power

or remedy that the Purchaser may otherwise have.

6.4 Key Performance Measurements

6.4.1 Unless specified by the Purchaser to the contrary, the Bidder shall deliver the goods, perform the Services and carry out the scope of work in accordance with the terms of this RFP, Scope of Work and the Service Specifications as per Service Level Agreements.

6.4.2 If the RFP / Service Specification include more than one document, then unless the Purchaser specifies to the contrary, the later in time shall prevail over a document of earlier date to the extent of any inconsistency.

6.4.3 The Purchaser reserves the right to amend any of the terms and conditions in relation to the RFP / Service Specifications and may issue any such directions which are not necessarily stipulated therein if it deems necessary for the fulfillment of the scope of work.

6.5 Commencement and progress

6.5.1 The Bidder shall subject to the fulfillment of the conditions precedent set out in Clause 6.3 of this section, commence the performance of its obligations in a manner as specified in the Scope of Work.

6.5.2 The Bidder shall proceed to carry out the activities / services with diligence and expedition in accordance with any stipulation as to the time, manner, mode, and method of execution contained in this RFP.

6.5.3 The Bidder shall be responsible for and shall ensure that all activities / services are performed in accordance with the RFP, Scope of Work, SLA and that the Bidder’s Team complies with such specifications and all other standards, terms and other stipulations/conditions set out hereunder.

6.5.4 The Bidder shall perform the activities / services and carry out its obligations under the RFP with due diligence, efficiency and economy, in accordance with generally accepted techniques and practices used in the industry and with professional engineering and consulting standards recognized by international professional bodies and shall observe sound management, engineering and security practices. It shall employ appropriate advanced technology and engineering practices and safe and effective equipment, machinery, material and methods. The Bidder shall always act, in respect of any matter relating to this RFP, as faithful advisors to the Purchaser and shall, at all times, support and safeguard the Purchaser's legitimate interests in any dealings with Third parties.

6.5.5 The Goods supplied under this RFP shall conform to the standards mentioned in the Technical Specifications, and, when no applicable standard is mentioned, to the authoritative standards, such standard shall be the latest issued by the concerned institution. Delivery of the Goods shall be made by the Bidder in accordance with the terms specified by the Purchaser in its Notification of Award / Purchase Order.

6.6 Constitution of Consortium



6.6.1 Constitution of Consortium is not allowed.

6.7 Sub – Contract

6.7.1 The Bidder (i.e. Agency) shall not be permitted to appoint any delegate/subcontractor for the performance of Bidder Services under this RFP.

6.7.2 However, the support of OEMs only for certain tasks limited to installation / deployment, commissioning & maintenance support related to their respective product / equipment is permitted.

6.7.3 However, this shall not affect the responsibilities and liabilities of the Agency towards the Purchaser under the RFP.

6.8 Bidder’s obligations

6.8.1 The Bidder’s obligations shall include all the activities as specified by the Purchaser in the Scope of Work and other sections of the Tender and RFP and changes thereof to meet the Purchaser’s objectives and operational requirements. It will be the Bidder’s responsibility to ensure the proper and successful implementation, performance and continued operation of the proposed solution in accordance with and in strict adherence to the terms of his Bid, the Tender and this RFP.

6.8.2 In addition to the aforementioned, the Bidder shall provide services to manage and maintain the said infrastructure along with Facilities Management Services at Department of Health & Family Welfare office location for the entire duration of the contract period.

6.8.3 In case of incorporation of new services or termination of any existing services, any of the deployed hardware / network components/physical or IT equipment may have to be upgraded / discarded or to be replaced. It is the sole responsibility of bidder to ensure that all such components should be in full working condition throughout the contract period and should be able to meet the Service Level Agreements as per the RFP terms and conditions.

6.8.4 The bidder shall provide details of hardware / network components/physical or IT equipment deployed to meet the Service Level Agreements as per the RFP terms and conditions every quarter throughout the contract period.

6.8.5 Security and safety of data will be responsibility of the selected bidder and after completion of the project complete data for all the application software will be handed over to department and department reserves the right to validate the data and selected bidder will provide necessary assistance

6.8.6 The Bidder shall be responsible to the Purchaser for meeting all obligations of the sub- contractors for executing the ‘Scope of Work’ and meeting all obligations of this tender. The Bidder shall also be the sole point of contact for all matters relating to this Tender and Contract thereof.

6.8.7 Purchaser reserves the right to interview the personnel proposed that will be deployed as part of the project team. If found unsuitable, the Purchaser may reject the deployment of the personnel.

6.8.8 Purchaser reserves the right to require changes in personnel which shall be communicated to the Bidder. Bidder with the prior approval of the Purchaser may make additions to the project team. Bidder shall provide the Purchaser with the



resume of Key Personnel and provide such other information as the Purchaser may reasonably require. The Purchaser also reserves the right to interview the personnel and reject, if found unsuitable. In case of change in its team members, for any reason whatsoever, Bidder shall also ensure that the exiting members are replaced with at least equally qualified and professionally competent members.

6.8.9 In case of change in its team members, Bidder shall ensure a reasonable amount of time overlap in activities to ensure proper knowledge transfer and handover / takeover of documents and other relevant materials between the outgoing and the new member.

6.8.10 The Bidder shall ensure that the Bidder’s Team is competent, professional and possesses the requisite qualifications and experience appropriate to the task they are required to perform under this RFP. The Bidder shall ensure that the Services are performed through the efforts of the Bidder’s Team, in accordance with the terms hereof and to the satisfaction of the Purchaser. Nothing in this RFP relieves the Bidder from its liabilities or obligations under this RFP to provide the Services in accordance with the Purchaser’s directions and requirements and as stated in this RFP and the Bid to the extent accepted by the Purchaser and the Bidder shall be liable for any non-performance, non-compliance, breach or other loss and damage resulting either directly or indirectly by or on account of its Team.

6.8.11 The Bidder shall ensure that all the personnel identified for this project have high level of integrity. Bidder shall undertake necessary due diligence to ensure that the personnel have high standard of trustworthiness. Bidder shall obtain an undertaking from each of the personnel assigned and the same should be submitted to the Purchaser as and when demanded by the Purchaser. In addition, the Bidder would also get the background verification checks carried out for the personnel deployed. In addition, the Purchaser may also get the background verification carried out for Bidder’s personnel. Any information needed for this activity by the Purchaser should be provided immediately by Bidder.

6.8.12 The Bidder shall be fully responsible for deployment / installation / development and integration of all the software and hardware components and resolve any problems / issues that may arise due to integration of components.

6.8.13 The Bidder shall ensure that the OEMs supply equipment/components including associated accessories and software required and shall support the Bidder in the installation, commissioning, integration and maintenance of these components during the entire period of contract. The Bidder shall ensure that the COTS OEMs supply the software applications and shall support the Bidder in the installation / deployment, integration, roll- out and maintenance of these applications during the entire period of contract.

6.8.14 All the software and hardware licenses that the Bidder proposes should be perpetual software licenses. The software licenses shall not be restricted based on location and the Purchaser should have the flexibility to use the software licenses for other requirements if required.

6.8.15 The Bidder shall ensure that the Annual Maintenance support for the software and hardware components is provided for the period from date of deployment of the software and hardware component till the end of contract. Annual Maintenance support shall include patches, updates and upgrades of the software and hardware components. Bidder shall ensure that there is a comprehensive onsite warranty / support arrangement for the aforementioned



period with all the OEMs or transfer in favour of purchaser for the benefit of any warranties given by OEMs.

6.8.16 The Bidder shall ensure that none of the components and sub-components is declared end-of-sale or end-of-support by the respective OEM at the time of submission of bid. If, the OEM declares any of the products/solutions end-of-sale subsequently, the Bidder shall ensure that the same is supported by the respective OEM from its date of deployment till the one year plus of the end of contract to support transitioning.

6.8.17 If a product is de-supported by the OEM for any reason whatsoever, from the effective date of Contract till the end of contract months, the Bidder should replace the products/solutions with an alternate that is acceptable to the Purchaser at no additional cost to the Purchaser and without causing any performance degradation and/or project delays.

6.8.18 The Bidder shall ensure that the OEMs provide the support and assistance to the Bidder in case of any problems / issues arising due to integration of components supplied by him with any other component(s)/product(s) under the purview of the overall solution. If the same is not resolved for any reason whatsoever, Bidder shall replace the required component(s) with an equivalent or better substitute that is acceptable to Purchaser without any additional cost to the Purchaser and without impacting the performance of the solution in any manner whatsoever.

6.8.19 The Bidder shall ensure that the OEMs for hardware servers/equipment supply and/or install all new releases, versions, any type of updates, upgrade patches and/or bug fixes for the firmware or software from time to time at no additional cost to the Purchaser.

6.8.20 The Bidder shall ensure that he conducts the preventive maintenance on a monthly basis and break-fix maintenance in accordance with the best practices followed in the industry.

6.8.21 The Bidder shall ensure that the documentation and training services associated with the components shall be provided by the OEMs without any additional cost to the Purchaser.

6.8.22 The Bidder shall provision the required critical spares/components at the designated Call center Site of the Purchaser for meeting the uptime commitment of the components supplied by him.

6.8.23 The Bidder’s Representative(s) shall have all the powers requisite for the execution of scope of work and performance of services under this RFP. The Bidder’s Representative(s) shall liaise with the Purchaser’s Representative for the proper coordination and timely completion of the works and on any other matters pertaining to the works. He will extend full co-operation to Purchaser’s representative in the manner required by them for supervision/inspection/observation of the equipment/goods/material, procedures, performance, progress, reports and records pertaining to the works. He shall also have complete charge of the Bidder’s personnel engaged in the performance of the works and to ensure compliance of rules, regulations and safety practice.

6.8.24 The Bidder shall be responsible on an ongoing basis for coordination with other vendors and agencies of the Purchaser in order to resolve issues and oversee implementation of the same. The Bidder shall also be responsible for resolving conflicts between vendors in case of borderline integration issues.



6.8.25 The Bidder shall perform the Services in accordance with the Applicable Laws and shall take all practicable steps to ensure that all its Personnel and agents, comply with the Applicable Laws

6.8.26 Start of Installation 1. The selected bidder will discuss in detail all the specifications of the

infrastructure to be hosted at Call Centre before procurement with the

Department. It is also necessary that the bidder must also comply with

the requirements of Call Centre, including policies and procedures.

Bidder is required to work closely in relation to these items to ensure

the project success.

2. The plan and design documents thus developed shall be submitted by

the Bidder for approval by the Purchaser.

3. After obtaining the approval from the Purchaser, Bidder shall

commence the installation.

4. Prior to taking up installation of any major component of work, the

Bidder shall submit to Purchaser his proposed procedures and obtain

Purchaser’s approval in writing.

6.8.27 Reporting Progress 1. Bidder shall monitor progress of all the activities related to the

execution of this RFP and shall submit to the Purchaser, at no extra cost,

progress reports with reference to all related work, milestones

and their progress during the implementation phase on a

fortnightly basis.

2. Post completion of each Phase, the Bidder shall submit to the

Purchaser, MIS reports as an ongoing basis. An indicative list of such

reports along with their periodicity are mentioned in the RFP.

3. Bidder should ensure MIS reporting as per defined service levels in

Service Level Agreements mentioned in the RFP. The selected bidder

shall establish and maintain a web-based project tracking system

wherein all the project tasks / activities are tracked against the

baseline plan in a prompt manner – so that any of the project

stakeholders can monitor the project progress without having to

request /wait for periodic project status reports. In order to meet this

requirement, the project members from the vendor's team must all

diligently update the status in this tool at least on a daily basis. This shall

be operated throughout the project duration to ensure coverage of the

operational activities

4. Formats for all abovementioned reports and their dissemination

mechanism shall be discussed and finalized at the Kick-Off meeting. The

Purchaser on mutual agreement between both parties may change the

formats, periodicity and dissemination mechanism for such reports.



5. Periodic meetings shall be held between the representatives of the

Purchaser and the Bidder once in every 15 days during the

implementation phase to discuss the progress of implementation. After

the implementation phase is over, the meeting shall be held as an

ongoing basis, once in every 30 days to discuss the performance of the

contract.

6. Bidder shall ensure that the respective solution teams involved in the

execution of work are part of such meetings.

7. A high level Steering Committee involving representative of the

Purchaser and senior officials of the Bidder shall be formed for the

purpose of this contract. This committee shall meet at intervals, as

decided by the Purchaser later, to oversee the progress of the project.

8. All the goods, services and manpower to be provided / deployed by the

Bidder under the RFP and the manner and speed of execution and

maintenance of the work and services are to be conducted in a

manner to the satisfaction of Purchaser’s representative in

accordance with the RFP.

9. The Purchaser reserves the right to inspect

and monitor/assess the progress/performance of the work / services at

any time during the course of the Contract. The Purchaser may demand

and upon such demand being made, the Bidder shall provide

documents, data, material or any other information which the

Purchaser may require, to enable it to assess the progress/performance

of the work / service.

10. At any time during the course of the Contract, the Purchaser shall also

have the right to conduct, either itself or through another agency as it

may deem fit, an audit to monitor the performance by the Bidder of its

obligations/functions in accordance with the standards committed to or

required by the Purchaser and the Bidder undertakes to cooperate

with and provide to the Purchaser/ any other agency appointed by

the Purchaser, all Documents and other details as may be required by

them for this purpose. Such audit shall not include Bidder's books of

accounts.

11. Should the rate of progress of the works or any part of them at any time

fall behind the stipulated time for completion or is found to be too slow

to ensure completion of the works by the stipulated time, or is in

deviation to Tender requirements/standards, the Purchaser’s

representative shall so notify the Bidder in writing.

12. The Bidder shall reply to the written notice giving details of the

measures he proposes to take to expedite the progress so as to

complete the works by the prescribed time or to ensure compliance to

Tender requirements. The Bidder shall not be entitled to any additional



payment for taking such steps. If at any time it should appear to the

Purchaser or Purchaser’s representative that the actual progress of

work does not conform to the approved programme the Bidder shall

produce at the request of the Purchaser’s representative a revised

programme showing the modification to the approved programme

necessary to ensure completion of the works within the time for

completion or steps initiated to ensure compliance to the stipulated

requirements

13. The submission seeking approval by the Purchaser or Purchaser’s

representative of such programme shall not relieve the Bidder of any of

his duties or responsibilities under the Contract.

14. In case during execution of works, the progress falls behind schedule or

does not meet the Tender requirements, Bidder shall deploy extra

manpower/ resources to make up the progress or to meet the Tender

requirements. Programme for deployment of extra man power/

resources will be submitted to the Purchaser for its review and

approval. All time and cost effect in this respect shall be borne, by the

Bidder within the contract value.

6.8.28 Knowledge of Call Center Site conditions 1. Bidder shall be granted access to the Call Center Site for inspection

by the Purchaser before commencement of installation. The plan shall

be drawn mutually at a later stage.

6.8.29 Project Charter 1. Within 45 calendar days of Effective date of the Contract the Bidder

shall submit to the Purchaser for its approval a detailed Project Charter

with details of the programme showing the sequence, procedure and

method in which he proposes to carry out the works. The Charter so

submitted by the Bidder shall conform to the requirements and

timelines specified in the Contract. The Purchaser and the Bidder shall

discuss and agree upon the work procedures to be followed for

effective execution of the works, which the Bidder intends to deploy

and shall be clearly specified. The Project Charter shall include but not

limited to project organization, communication structure, proposed

staffing, roles and responsibilities, processes and tool sets to be used for

quality assurance, security and confidentiality practices in accordance

with industry best practices, project plan and delivery schedule in

accordance with the Contract.

2. If the Bidder’s work plans necessitate a disruption/ shutdown in

Purchaser’s operation, the plan shall be mutually discussed and

developed so as to keep such disruption/shutdown to the barest

unavoidable minimum. Any time and cost arising on account of failure



of the Bidder to bring its work plans to the notice of the Purchaser shall

be to his account.

6.8.30 Bidder’s Organization 1. The Bidder should to the best of his efforts, avoid any change in the

organization structure proposed for execution of this contract or

replacement of any manpower resource appointed. If the same is

however unavoidable, Bidder shall promptly inform the Purchaser in

writing, and the same shall require subsequent approval by the

Purchaser.

2. In case of replacement of any manpower resource, the Bidder

should ensure efficient knowledge transfer from the outgoing resource

to the incoming resource and adequate hand-holding period and

training for the incoming resource in order to maintain the continued

level of service.

3. The Bidder shall be responsible for the deployment, transportation,

accommodation and other requirements of all its employees required

for the execution of the work and provision of services for all

costs/charges in connection thereof.

4. The Purchaser’s Representative may at any time object to and require

the Bidder to remove forthwith from the Call Centre location any

authorized representative or employee of the Bidder or any person(s) of

the Bidder’s team, if, in the opinion of the Purchaser’s Representative

the person in question has mis-conducted or his / her deployment is

otherwise considered undesirable by the Purchaser’s Representative.

The Bidder shall forthwith remove and shall not again deploy the person

without the written consent of the Purchaser’s Representative.

5. The Purchaser’s Representative may at any time object to and request

the Bidder to remove from the Call Centre location any of Bidder’s

authorized representative including any employee of the Bidder or his

team or any person(s) deployed by Bidder or his team for professional

incompetence or negligence or for being deployed for work for which

he is not suited. The Bidder shall consider the Purchaser’s

Representative request and may accede to or disregard it. The

Purchaser’s Representative, having made a request, as aforesaid in the

case of any person, which the Bidder has disregarded, may in the case

of the same person at any time but on a different occasion, and for a

different instance of one of the reasons referred to above in this Clause

object to and require the Bidder to remove that person from

deployment on the work, which the Bidder shall then forthwith do and

shall not again deploy any person so objected to on the work or on the

sort of work in question (as the case may be) without the written

consent of the Purchaser’s Representative.



6. The Purchaser’s Representative shall state to the Bidder in writing his

reasons for any request or requirement pursuant to this Clause.

7. The Bidder shall promptly replace every person removed, pursuant to

this section, with a competent substitute, and at no extra cost to the

Purchaser.

6.8.31 Adherence to safety procedures, rules regulations and restriction 1. Bidder’s Team shall comply with the provision of all laws including

labour laws, rules, regulations and notifications issued there under from

time to time. All safety and labour laws enforced by statutory

agencies and by Purchaser shall be applicable in the performance of

this Contract and Bidder’s Team shall abide by these laws.

2. Access to the Call center Site shall be strictly restricted. No access to any

person except the essential members of the Bidder’s Team who are

genuinely required for execution of work or for carrying out

management/maintenance who have been explicitly authorized by the

Purchaser shall be allowed entry to the Call Center Site. Even if allowed,

access shall be restricted to the pertaining equipment of the Purchaser

only. Bidder shall maintain a log of all activities carried out by each of its

team personnel.

3. The Bidder shall take all measures necessary or proper to protect the

personnel, work and facilities and shall observe all reasonable safety

rules and instructions. Bidder’s Team shall adhere to all security

requirement/regulations of the Purchaser during the execution of the

work. Purchaser’s employee also shall comply with safety

procedures/policy.

4. The Bidder shall report as soon as possible any evidence, which may

indicate or is likely to lead to an abnormal or dangerous situation and

shall take all necessary emergency control steps to avoid such abnormal

situations.

6.8.32 Statutory Requirements: 1. During the tenure of this RFP nothing shall be done by the Bidder or his

team in contravention of any law, act and/ or rules/regulations,

there under or any amendment thereof governing inter-alia customs,

stowaways, foreign exchange etc. and shall keep Purchaser indemnified

in this regard.

6.9 Purchaser’s Obligations

6.9.1 Mission Director, Department of Health & Family Welfare, Government of Himachal Pradesh or his/her nominated representative shall act as the nodal point for implementation of the contract and for issuing necessary instructions, approvals, commissioning, acceptance certificates, payments etc. to the Bidder. Purchaser shall ensure that timely approval is provided to the Bidder as and when required,



which may include approval of project plans, implementation methodology, design documents, specifications, or any other document necessary in fulfillment of this RFP.

6.9.2 The Purchaser’s Representative shall interface with the Bidder, to provide the required information, clarifications, and to resolve any issues as may arise during the execution of the Contract. Purchaser shall provide adequate cooperation in providing details, coordinating and obtaining of approvals from various governmental agencies, in cases, where the intervention of the Purchaser is proper and necessary.

6.9.3 Purchaser may provide on Bidder’s request, particulars/information/ or documentation that may be required by the Bidder for proper planning and execution of work and for providing services covered under this RFP and for which the Bidder may have to coordinate with respective vendors.

6.10 Intellectual Property Rights

6.10.1 Department shall own and have a right in perpetuity to use all Intellectual Property Rights which have arisen out of or in connection with the implementation of this project, including all processes, products, data, knowledge products, training material and other documents which have been developed by the Agency during the performance of Services and for the purposes of inter-alia use or sub-license of such services under this project. The Agency undertakes to disclose all Intellectual Property Rights arising out of or in connection with the performance of the services to the Department and execute all such agreements/documents and file all relevant applications, effect transfers and obtain all permits and approvals that may be necessary in this regard to effectively transfer and conserve the Intellectual Property Rights of the Department.

6.10.2 Further, if the Department desires, the Agency shall be obliged to ensure that all approvals, registrations, licenses, permits and rights which are, inter-alia, necessary for use of the systems/ equipment installed by the Agency, the same shall be acquired in the name of the Department, prior to termination of this project and which shall be assigned by the Department to the Agency for the purpose of execution of any of its obligations under the terms of the bid or this project. However, subsequent to the termination of this project, such approvals etc. shall ensure to the exclusive benefit of the Department.

6.10.3 The Agency shall ensure that while it uses any software, hardware, processes or material in the course of performing the Services, it does not infringe the Intellectual Property Rights of any person and the Agency shall keep the Department indemnified against all costs, expenses and liabilities howsoever, arising out of any illegal or unauthorized use (piracy) or in connection with any claim or proceedings relating to any breach or violation of any permission/license terms or infringement of any Intellectual Property Rights by the Agency during the course of performance of the services.

6.10.4 Information Security: The Agency shall not carry and/ or transmit any written material, information, layouts, diagrams, storage media (hard disk/ tapes) or any other goods/ materials in physical or electronic form, which are proprietary to or owned by the Department out of MCTH premises without prior written permission



from the Department. Agency acknowledges that Department’s business data and other Department proprietary information or materials, whether developed by Department or being used by Department pursuant to a license agreement with a third party (the foregoing collectively referred to herein as “proprietary information”) are confidential and proprietary to Department; and Agency agrees to use reasonable care to safeguard the proprietary information and to prevent the unauthorized use or disclosure thereof, which care shall not be less than that used by Agency to protect its own proprietary information. Agency recognizes that the goodwill of Department depends, among other things, upon Agency keeping such proprietary information confidential and that unauthorized disclosure of the same by Agency could damage the Department, by reason of Agencies duties hereunder. Agency may come into possession of such proprietary information, even though Agency does not take any direct part in or furnish the services performed for the creation of said proprietary information and shall limit access thereto to employees with a need to such access to perform the services required by this agreement. Agency shall use such information only for the purpose of performing the said services. Agency shall, upon termination of this project for any reason, or upon demand by Department, whichever is earliest, return any and all information provided to Agency by Department, including any copies or reproductions, both hardcopy and electronic.

6.10.5 Department shall retain all right, title and interest in and to any and all data, entered or generated by the Agency for Department pursuant to this agreement, and any modifications thereto or works derived there from.

6.11 Ownership and Retention of Documents

6.11.1 Forthwith upon expiry or earlier termination of this RFP and at any other time on demand by the Purchaser, the Bidder shall deliver to the Purchaser all Documents provided by or originating from the Purchaser and all Documents produced by or from or for the Bidder in the course of performing the Services, unless otherwise directed in writing by the Purchaser at no additional cost. The Bidder shall not, without the prior written consent of the Purchaser store, copy, distribute or retain any such Documents.



6.12 Indemnity

6.12.1 The Bidder shall indemnify the Purchaser from and against any costs, loss, damages, expense, claims including those from third parties or liabilities of any kind howsoever suffered, arising or incurred inter alia during and after the Contract period out of:

a) any negligence or wrongful act or omission by the Bidder or the Bidder’s

Team or any third party associated with Bidder in connection with or

incidental to this RFP; or

b) Any breach of any of the terms of the Bidder’s Bid as agreed, the Tender

and this RFP by the Bidder, thesis’ Team or any third party.

c) Any infringement of patent, trademark/copyright or industrial design rights

arising from the use of the supplied goods and related services or any part

thereof.

6.12.2 The Bidder shall also indemnify the Purchaser against any privilege, claim or assertion made by a third party with respect to right or interest in, ownership, mortgage or disposal of any asset, property, and movable or immovable as mentioned in any Intellectual Property Rights, licenses and permits.

6.13 Representations and Warranties

6.13.1 In order to induce the Purchaser to enter into this RFP, the Bidder hereby represents and warrants as of the date hereof, which representations and warranties shall survive the term and termination hereof, the following:

a. That the selected Bidder along with its sub-contractors have the power

and the authority that would be required to enter into this RFP/Contract

and the requisite experience, the technical know-how and the financial

wherewithal required to successfully execute the terms of this contract and

to provide services sought by the Purchaser under this RFP

b. That the Bidder and its sub-contractors are not involved in any major

litigation or legal proceedings, pending, existing, potential or threatened,

that may have an impact of affecting or compromising the performance or

delivery of Services under this RFP/Contract.

c. That the representations and warranties made by the Bidder in its Bid,

Tender and Contract are and shall continue to remain true and correct

throughout the term of this RFP/Contract and Bidder shall fulfill all the

requirements as are necessary for executing the obligations and

responsibilities as laid down in the Contract and the Tender and unless the

Purchaser specifies to the contrary, the Bidder shall be bound by all the

terms of the Bid.

d. That the Bidder and its team has the professional skills, personnel,

infrastructure and resources/authorizations that are necessary for



providing all such services as are necessary to fulfill the scope of work

stipulated in the Tender and this RFP/Contract.

e. That the Bidder shall ensure that all assets/ components including but not

limited to equipment, software, licenses, processes, documents, etc.

installed, developed, procured, deployed and created during the term of

this RFP/Contract are duly maintained and suitably updated, upgraded,

replaced.

f. That the Bidder /Bidder’s Team shall use such assets of the Purchaser

as the Purchaser may permit for the sole purpose of execution of its

obligations under the terms of the Bid, Tender or this RFP/Contract. The

Bidder shall however, have no claim to any right, title, lien or other interest

in any such property, and any possession of property for any duration

whatsoever shall not create any right in equity or otherwise, merely by fact

of such use or possession during or after the term hereof.

g. That the Bidder shall procure all the necessary permissions and adequate

approvals and licenses for use of various software and any copyrighted

process/product free from all claims, titles, interests and liens thereon and

shall keep the Purchaser indemnified in relation thereto.

h. That the execution of the scope of work and the Services herein is and shall

be in accordance and in compliance with all applicable laws.

i. That the Bidder has the corporate power to execute, deliver and perform

the terms and provisions of this Contract and has taken all necessary

corporate action to authorize the execution, delivery and performance by it

of the Contract.

j. That all conditions precedent under the Contract has been satisfied.

k. That neither the execution and delivery by the Bidder /Bidder’s Team of the

Contract nor the Bidder’s /Bidder Team’s compliance with or performance

of the terms and provisions of the Contract (i) will contravene any provision

of any Applicable Law or any order, writ, injunction or decree of any court

or Governmental Authority binding on the Bidder, (ii) will conflict or be

inconsistent with or result in any breach of any or the terms, covenants,

conditions or provisions of, or constitute a default under any agreement,

contract or instrument to which the Bidder is a party or by which it or any of

its property or assets is bound or to which it may be subject or (iii) will

violate any provision of the Memorandum and Articles of Association of the

Bidder.

l. That the Bidder certifies that all registrations, recordings, filings and

notarizations of the Contract and all payments of any tax or duty, including

but not limited to stamp duty, registration charges or similar amounts which

are required to be effected or made by the Bidder which is necessary to

ensure the legality, validity, enforceability or admissibility in evidence of the

Contract have been made.



m. That the Bidder confirms that there has not and shall not occur any

execution, amendment or modification of any agreement/contract without

the prior written consent of the Purchaser, which may directly or indirectly

have a bearing on the Contract or the project.

n. That the Bidder owns or has good, legal or beneficial title, or other interest

in, to the property, assets and revenues of the Bidder on which it grants or

purports to grant or create any interest pursuant to the Contact, in

each case free and clear of any encumbrance and further confirms that

such interests created or expressed to be created are valid and enforceable.

o. That the Bidder owns, has license to use or otherwise has the right to use,

free of any pending or threatened liens or other security or other interests

all Intellectual Property Rights, which are required or desirable for the

performance of the project under this contract and regarding the same the

Bidder does not, so far as the Bidder is aware, in carrying on its business and

operations, infringe any Intellectual Property Rights of any person. So far as

the Bidder is aware, none of the Intellectual Property Rights owned or

enjoyed by the Bidder or which the Bidder is licensed to use, which are

material in the context of the Bidder’s business and operations for the

performance of this contract are being infringed nor, so far as the Bidder is

aware, is there any infringement or threatened infringement of those

Intellectual Property Rights licensed or provided to the Bidder by any

person. All Intellectual Property Rights (owned by the Bidder or which the

Bidder is licensed to use) required by the Bidder for the performance of the

contract are valid and subsisting. All actions (including registration, payment

of all registration and renewal fees) required to maintain the same in full

force and effect have been taken thereon and shall keep the Purchaser

indemnified in relation thereto.

p. That the Bidder agrees to incorporate, within the contract value, all

hardware configuration, software changes, upgrades and patches to the

system, announced by him from time to time keeping in view the

advancement in technology, shortcomings of the system and any changes

required for improving the overall efficiency of the system.

q. That the Bidder shall provide adequate and appropriate support and

participation, on a continuing basis, in tuning all supplied hardware and

software to meet the requirements of the applications.

r. If and when the system and/or components of the system are required to

be relocated / shifted within the same Call Center Site or to a new Call

Center Site, the Bidder shall undertake required work related for de-

commissioning / re-commissioning and other associated work, at no

additional cost to the Purchaser. Associated cost for transportation,

insurance and packing shall however be borne by the Purchaser. For any



such relocation / shifting efforts beyond two such occurrences during the

contract period, extra charges shall be mutually agreed upon.

6.14 Confidentiality

6.14.1 The Bidder / Bidder’s Team shall not use Confidential Information, the name or the logo of the Purchaser except for the purposes of the purpose of execution of this contract. Confidential information does not include information which:

i. The Bidder / Bidder’s Team knew or had in its possession, prior to

disclosure, without limitation on its confidentiality;

ii. Is independently developed by the Bidder / Bidder’s Team without

breach of conditions under this RFP;

iii. Information in the public domain as a matter of law;

iv. Is received from a third party not subject to the obligation of

confidentiality with respect to such information;

v. Is released from confidentiality with the written consent of

Establishment of Comprehensive Call Centre.

vi. Is required to be disclosed by Applicable Laws or judicial or

administrative or arbitral process or by any governmental

instrumentalities, provided that for any such disclosure, the Bidder shall

give the Authority, prompt written notice, and use reasonable efforts to

ensure that such disclosure is accorded confidential treatment;

vii. Any other information unless it is specified as confidential for the

purposes of the execution this RFP/Contract.

viii. The Bidder / Bidder’s Team shall have the burden of proving

hereinabove are applicable to the information in the possession of the

Bidder / Bidder’s Team.

6.14.2 The Bidder / Bidder’s Team shall not, either during the term or after expiration of this RFP/Contract, disclose any proprietary or confidential information relating to the Services/Contract and/or Purchaser’s business/ operations, information, Application/software, hardware, business data, architecture schematics, designs, storage media and other information / documents without the prior written consent of the Purchaser.

6.14.3 The Bidder may only disclose Confidential Information in the following circumstances:

i. with the prior written consent of the Purchaser;

ii. to a member of the Bidder’s Team if:

the member of the Bidder’s Team needs the Confidential

Information for the performance of obligations under this RFP;

the member of the Bidder’s Team is aware of the confidentiality of

the Confidential Information and is obliged to use it only for the

performance of obligations under this RFP



6.14.4 The Bidder shall do everything reasonably possible to preserve the confidentiality of the Confidential Information including execution of a confidentiality agreement with the sub- contractors and other members of Bidder’s Team to the satisfaction of the Purchaser.

6.14.5 The Bidder shall notify the Purchaser promptly if it is aware of any disclosure of the Confidential Information otherwise than as permitted by this RFP/Contract or with the authority of the Purchaser.

6.14.6 The Bidder shall be liable to fully compensate the Purchaser for any loss of revenue on account of breach of confidentiality by the Bidder. The Purchaser reserves the right to adopt legal proceedings, civil or criminal, against the Bidder / Bidder’s Team in relation to a breach of obligation by the Bidder under this Clause. The Bidder shall not in any way be responsible for any breach of confidentiality arising out of any other cause/reason.

6.14.7 Bidder and sub-contractors shall be required to execute the Non-Disclosure Agreement in favour of the Purchaser at the time of contract signing.

6.15 Events of Default by the Bidder

6.15.1 The failure on the part of the Bidder to perform any of its obligations or comply with any of the terms of this RFP shall constitute an Event of Default on the part of the Bidder. The events of default as mentioned above may include inter-alia the following:

a. the Bidder/ Bidder’s Team has failed to perform any instructions or

directives issued by the Purchaser which it deems proper and necessary to

execute the scope of work or provide services under the Contract, or

b. the Bidder/ Bidder’s Team has failed to confirm / adhere to any of

the key performance indicators as laid down in the Key Performance

Measures / Service Level Agreements, or if the Bidder has fallen short of

matching such standards / benchmarks / targets as the Purchaser may have

designated with respect to the system or any goods, task or service,

necessary for the execution of the scope of work and performance of

services under this RFP/Contract. The above mentioned failure on the part

of the Bidder may be in terms of failure to adhere to performance, quality,

timelines, specifications, requirements or any other criteria as defined by

the Purchaser;

c. the Bidder has failed to remedy a defect or failure to perform its obligations

in accordance with the specifications issued by the Purchaser, despite being

served with a default notice which laid down the specific deviance on the

part of the Bidder/ Bidder’s Team to comply with any stipulations or

standards as laid down by the Purchaser; or

d. the Bidder/ Bidder’s Team has failed to adhere to any amended

direction, instruction, modification or clarification as issued by the

Purchaser during the term of this RFP/Contract and which the Purchaser

deems proper and necessary for the execution of the scope of work

under this RFP/Contract



e. the Bidder/ Bidder’s Team has failed to demonstrate or sustain any

representation or warranty made by it in this Contract, with respect to any

of the terms of its Bid, the Tender and this RFP/Contract

f. There is a proceeding for bankruptcy, insolvency, winding up or there

is an appointment of receiver, liquidator, assignee, or similar official against

or in relation to the Bidder.

g. The Bidder/Bidder’s Team has failed to comply with or is in breach or

contravention of any applicable laws.

6.15.2 Where there has been an occurrence of such defaults inter alia as stated above, the Purchaser shall issue a notice of default to the Bidder, setting out specific defaults / deviances / omissions / non-compliances / non-performances and providing a notice of Sixty (60) days to enable such defaulting party to remedy the default committed.

6.15.3 Where despite the issuance of a default notice to the Bidder by the Purchaser the Bidder fails to remedy the default to the satisfaction of the Bidder, the Purchaser may, where it deems fit, issue to the defaulting party another default notice or proceed to adopt such remedies as may be available to the Purchaser.

6.16 Consequences of Event of Default

Where an Event of Default subsists or remains uncured the Purchaser shall be entitled

to:

6.16.1 Impose any such obligations and conditions and issue any clarifications as may be necessary to inter alia ensure smooth continuation of project and the Services which the Bidder shall be obliged to comply with which may include re-determination of the consideration payable to the Bidder as agreed mutually by Purchaser and Bidder or through a third party acceptable to both parties. The Bidder shall in addition take all available steps to minimize loss resulting from such event of default.

6.16.2 Suspend all payments to the Bidder under the Contract by a written notice of suspension to the Bidder, provided that such notice of suspension:

i. shall specify the nature of the failure; and

ii. shall request the Bidder to remedy such failure within a specified period

from the date of receipt of such notice of suspension by the Bidder

6.16.3 Require replacement of any of the Bidder’s sub-contractor(s) / Bidder’s Team member(s) with another suitable member(s) where the Purchaser deems necessary. The Bidder shall in such case terminate forthwith all their agreements/ contracts/ other arrangements with such member(s) and find suitable replacement for such outgoing member(s) with another member(s) to the satisfaction of the Purchaser, who shall execute such Contracts with the Purchaser as the Purchaser may require. Failure on the part of the Bidder to find a suitable replacement and/or terminate all agreements/contracts with such member(s), shall amount to a breach of the terms hereof and the Purchaser in addition to all other rights, have the right to claim damages and recover from the Bidder all losses/ or other damages that may have resulted from such failure.



6.16.4 Terminate the Contract in part or in full 6.16.5 Retain such amounts from the payment due and payable by the Purchaser to the

Bidder as may be required to offset any losses caused to the Purchaser as a result of such event of default and the Bidder shall compensate the Purchaser for any such loss, damages or other costs, incurred by the Purchaser in this regard. Nothing herein shall effect the continued obligation of the Bidder and Bidder’s Team to perform all their obligations and responsibilities under this RFP/Contract in an identical manner as were being performed before the occurrence of the default.

6.16.6 Invoke the Performance Bank Guarantee and other Guarantees furnished hereunder, enforce the Deed of Indemnity, recover such other costs/losses and other amounts from the Bidder as may have resulted from such default and pursue such other rights and/or remedies that may be available to the Purchaser under law.

6.17 Termination

6.17.1 The Purchaser may, terminate this RFP/Contract in whole or in part by giving the Bidder a prior and written notice indicating its intention to terminate the Contract under the following circumstances:

a. Where the Purchaser is of the opinion that there has been such Event of

Default on the part of the Bidder / Bidder’s Team which would make it

proper and necessary to terminate this RFP and may include failure on the

part of the Bidder to respect any of its commitments with regard to any part

of its obligations under its Bid, the Tender or under this RFP.

b. Where it comes to the Purchaser’s attention that the Bidder (or the Bidder’s

Team) is in a position of actual conflict of interest with the interests of the

Purchaser, in relation to any of terms of the Bidder’s Bid, the Tender or this

RFP.

c. Where the Bidder / any of Bidder’s sub-contractor(s) ability to survive

as an independent corporate entity is threatened or is lost owing to any

reason whatsoever, including inter-alia the filing of any bankruptcy

proceedings against the Bidder or its sub-contractor(s), any failure by the

Bidder or its sub-contractor(s) to pay any of its dues to its creditors, the

institution of any winding up proceedings against the Bidder / Bidder’s sub-

contractor(s) or the happening of any such events that are adverse to the

commercial viability of the Bidder / Bidder’s sub-contractor(s). In the event

of the happening of any events of the above nature, the Purchaser shall

reserve the right to take any steps as are necessary, to ensure the effective

transition of the project to a successor agency, and to ensure business

continuity

d. Termination for Insolvency: The Purchaser may at any time terminate the

Contract by giving written notice to the Bidder, without compensation to

the Bidder, if the Bidder becomes bankrupt or otherwise insolvent, provided



that such termination will not prejudice or affect any right of action or

remedy which has accrued or will accrue thereafter to the Purchaser.

e. Department of Health & Family Welfare may have discretion to terminate the services of the selected Agency during any point of Project Implementation Phase with prior intimation prior and written notice indicating its intention to terminate the Contract

6.17.2 In the event of termination of this RFP/Contract by the Purchaser before the expiry of the term, the Bidder shall be given a period of 30 days to demobilize itself.

6.17.3 The Bidder may, subject to approval by the Purchaser, terminate this RFP/Contract before the expiry of the term by giving the Purchaser a prior and written notice at least 3 months in advance indicating its intention to terminate the Contract or as mutually agreed to by both the parties.

6.18 Consequences of Termination

6.18.1 In the event of termination of this RFP pursuant to Clause 6.18 of this section, whether consequent to the stipulated Term of the Contract/RFP or otherwise the Purchaser shall be entitled to impose any such obligations and conditions and issue any clarifications as may be necessary to ensure an efficient transition and effective business continuity of the project which the Bidder shall be obliged to comply with and take all available steps to minimize loss resulting from that termination/breach, and further allow and provide all such assistance to the Purchaser and/or the successor agency, as may be required, to take over the obligations of the erstwhile Bidder in relation to the execution/continued execution of the scope of this RFP, for the remainder of the contract term.

6.18.2 Where the termination of the Contract is prior to its stipulated term on account of a Default on the part of the Bidder /Bidder’s Team or due to the fact that the survival of the Bidder as an independent corporate entity is threatened/has ceased, or for any other reason, whatsoever, the Purchaser through re-determination of the consideration payable to the Bidder as agreed mutually by Purchaser and Bidder or through a third party acceptable to both parties may pay the Bidder for those goods that have been satisfactorily installed and commissioned and for that part of the Services which have been authorized by the Purchaser and satisfactorily performed by the Bidder up to the date of termination. Without prejudice any other rights, the Purchaser may retain such amounts from the payment due and payable by the Purchaser to the Bidder as may be required to offset any losses caused to the Purchaser as a result of the Termination or due to any act/omissions of the Bidder. In case of any loss or damage due to default on the part of the Bidder in performing any of its obligations with regard to executing the scope of work under this RFP, the Bidder shall compensate the Purchaser for any such loss, damages or other costs, incurred by the Purchaser. Additionally, the Bidder’s Team and/or all third parties appointed by the Bidder shall continue to perform all their obligations and responsibilities as stipulated under this RFP, and as may be proper and necessary to execute the scope of work under the Contract in terms of the Bidder’s Bid, the Tender and this RFP, in an identical manner as were being performed before the collapse of the Bidder as described above in order to execute an effective transition and to maintain business continuity.



6.18.3 Nothing herein shall restrict the right of the Purchaser to invoke the Bank Guarantee and other Guarantees furnished hereunder, enforce the Deed of Indemnity and pursue such other rights and/or remedies that may be available to the Purchaser under law.

6.18.4 The termination hereof shall not affect any accrued right or liability of either Party nor affect the operation of the provisions of this RFP that are expressly or by implication intended to come into or continue in force on or after such termination.

6.19 Dispute Resolution

6.19.1 If during the subsistence of this RFP or thereafter, any dispute between the Parties hereto arising out of or in connection with the validity, interpretation, implementation, material breach or any alleged material breach of any provision of this RFP or regarding any question, including as to whether the termination of this RFP by one Party hereto has been legitimate, the Parties hereto shall endeavor to settle such dispute amicably under the chairmanship of Mission Director, Department of Health & Family Welfare, or person nominated by him and/or by Conciliation to be governed by the Arbitration and Conciliation Act, 1996 or as may be agreed to between the Parties. The attempt to bring about an amicable settlement is considered to have failed as soon as one of the Parties hereto, after reasonable attempts; which attempt shall continue for not less than thirty (30) days, gives thirty (30) days notice to refer the dispute to arbitration to the other Party in writing.

6.19.2 The Arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996.

6.19.3 The Arbitration proceedings shall be held in Shimla (H.P), India. 6.19.4 The Arbitration proceeding shall be governed by the substantive laws of India. 6.19.5 The proceedings of Arbitration shall be in English language. 6.19.6 Except as otherwise provided elsewhere in the contract if any dispute, difference,

question or disagreement arises between the parties hereto or their respective representatives or assignees, at any time in connection with construction, meaning, operation, effect, interpretation or out of the contract or breach thereof the same shall be decided by an Arbitral Tribunal consisting of three Arbitrators. Each party shall appoint one Arbitrator and the Arbitrators so appointed shall appoint the third Arbitrator who will act as Presiding Arbitrator.

6.19.7 In case, a party fails to appoint an arbitrator within 30 days from the receipt of the request to do so by the other party or the two Arbitrators so appointed fail to agree on the appointment of third Arbitrator within 30 days from the date of their appointment upon request of a party, Ministry of Law & Justice shall appoint the arbitrator/Presiding Arbitrator upon request of one of the parties.

6.19.8 If any of the Arbitrators so appointed dies, resigns, incapacitated or withdraws for any reason from the proceedings, it shall be lawful for the concerned party/ arbitrator to appoint another person in his place in the same manner as aforesaid. Such person shall proceed with the reference from the stage where his predecessor had left if both parties consent for the same; otherwise, he shall proceed de novo.

6.19.9 It is a term of the contract that the party invoking arbitration shall specify all disputes to be referred to arbitration at the time of invocation of arbitration and not thereafter.



6.19.10 It is also a term of the contract that neither party to the contract shall be entitled for any interest on the amount of the award.

6.19.11 The Arbitral Tribunal shall give reasoned award and the same shall be final, conclusive and binding on the parties.

6.19.12 The fees of the arbitrator shall be borne by the parties nominating them and the fee of the Presiding Arbitrator, costs and other expenses incidental to the arbitration proceedings shall be borne equally by the parties.

6.19.13 Subject to as aforesaid the provisions of the Arbitration and Conciliation Act, 1996 and any statutory modifications or re-enactment in lieu thereof shall apply to the arbitration proceedings under this Clause.

6.19.14 Continuance of the Contract: 1. Notwithstanding the fact that settlement of dispute(s) (if any) under

arbitration may be pending, the parties hereto shall continue to be

governed by and perform the work in accordance with the provisions under

this RFP.

6.20 Conflict of interest

6.20.1 The Bidder shall disclose to the Purchaser in writing, all actual and potential conflicts of interest that exist, arise or may arise (either for the Bidder or the Bidder’s Team) in the course of performing the Services as soon as practical after it becomes aware of that conflict.

a. Neither the Agency nor its sub-contractor(s) nor the Personnel of either

of them shall engage, either directly or indirectly, in any of the following

activities: During the term of this Agreement, any business or

professional activities which would conflict with the activities assigned

to them under this Agreement;

b. after the termination of this Agreement, such other activities as may be

specified in the Agreement; or

c. at any time, such other activities as have been specified in the RFP as

Conflict

6.21 Publicity

6.21.1 The Bidder / Bidder’s Team shall not make or permit to be made a public announcement or media release about any aspect of this RFP unless the Purchaser first gives the Bidder its written consent.



6.22 Force Majeure

6.22.1 For the purposes of this agreement, Force Majeure means an event which is beyond the reasonable control of a Party and which makes a party’s performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances and includes but is not limited to war, riots, civil disorder, earthquake, fire , explosion, storm, flood or other adverse conditions, strikes, lockout or other industrial action (except where such strikes, lock out or other industrial action are within the power of the party invoking Force Majeure to prevent), confiscation or any other action by government agencies.

6.22.2 Force Majeure shall not include any events caused due to acts/omissions of such Party or result from a breach/contravention of any of the terms of the Contract, Bid and/or the Tender. It shall also not include any default on the part of a Party due to its negligence or failure to implement the stipulated/proposed precautions, as were required to be taken under the Contract.

6.22.3 The failure or occurrence of a delay in performance of any of the obligations of either party shall constitute a Force Majeure event only where such failure or delay could not have reasonably been foreseen, or where despite the presence of adequate and stipulated safeguards the failure to perform obligations has occurred. In such an event, the affected party shall inform the other party in writing within five days of the occurrence of such event. The Purchaser will make the payments due for Services rendered till the occurrence of Force Majeure. However, any failure or lapse on the part of the Bidder / Bidder’s Team in performing any obligation as is necessary and proper, to negate the damage due to projected Force Majeure events or to mitigate the damage that may be caused due to the abovementioned events or the failure to provide adequate disaster management/recovery or any failure in setting up a contingency mechanism would not constitute force majeure, as set out above.

6.22.4 In case of a Force Majeure, all Parties will endeavor to agree on an alternate mode of performance in order to ensure the continuity of service and implementation of the obligations of a party under the Contract and to minimize any adverse consequences of Force Majeure.

6.23 Currency of Payment

6.23.1 Payment shall be made in Indian Rupees only.



6.24 Governing Language

6.24.1 The Agreement shall be written in English only. All correspondence and other documents pertaining to the RFP that are exchanged by parties shall be written in English only.

6.25 “No Claim” Certificate

6.25.1 The Bidder shall not be entitled to make any claim, whatsoever against the Purchaser, under or by virtue of or arising out of, this RFP, nor shall the Purchaser entertain or consider any such claim, if made by the Bidder after he shall have signed a “No claim” certificate in favour of the Purchaser in such forms as shall be required by the Purchaser after the works are finally accepted.

6.26 Warranty

6.26.1 A comprehensive warranty applicable on goods supplied under this RFP shall be provided by the respective OEM for the period of contract from the date of acceptance of respective system by the Purchaser.

6.26.2 Technical Support for Software applications shall be provided by the respective OEMs for the period of contract. The Technical Support should include all upgrades, updates and patches to the respective Software applications.

6.26.3 The Bidder warrants that the Goods supplied under the Contract are new, non-refurbished, unused and recently manufactured; shall not be nearing End of sale / End of support; and shall be supported by the Bidder and respective OEM along with service and spares support to ensure its efficient and effective operation for the entire duration of the contract.

6.26.4 The Bidder warrants that the goods supplied under this RFP shall be of the highest grade and quality and consisted with the established and generally accepted standards for materials of this type. The goods shall be in full conformity with the specifications and shall operate properly and safely. All recent design improvements in goods, unless provided otherwise in the Contract, shall also be made available.

6.26.5 The Bidder further warrants that the Goods supplied under this RFP shall be free from all encumbrances and defects/faults arising from design, material, manufacture or workmanship (except insofar as the design or material is required by the Purchaser's Specifications) or from any act or omission of the Bidder, that may develop under normal use of the supplied Goods in the conditions prevailing at the respective Call Centre Site.

6.26.6 The Purchaser shall promptly notify the Bidder in writing of any claims arising under this warranty.

6.26.7 Upon receipt of such notice, the Bidder shall, with all reasonable speed, repair or replace the defective Goods or parts thereof, without prejudice to any other rights which the Purchaser may have against the Bidder under the Contract.

6.26.8 If the Bidder, having been notified, fails to remedy the defect(s) within a reasonable period, the Purchaser may proceed to take such remedial action as may be



necessary, at the Bidder’s risk and expense and without prejudice to any other rights which the Purchaser may have against the Bidder under the Contract.

6.26.9 Any OEM specific warranty terms that do not conform to conditions under this Contract shall not be acceptable.

6.27 Passing of Property

6.27.1 Any of the deployed hardware / network components/physical or IT equipment covered under RFP and additional components or any hardware deployed during contract period to meet SLA’s would be transferred to the department in fully functional condition after the contract period, at no financial implication to the Purchaser.

6.28 Insurance

6.28.1 The Goods supplied under this RFP shall be fully insured by the Bidder, against any loss or damage, till the Acceptance of the System, The Bidder shall submit to the Purchaser, documentary evidence issued by the insurance company, indicating that such insurance has been taken.

6.28.2 Except in case of Third Party liabilities, the insurance policies so procured shall mention the Authority as the beneficiary and the Bidder shall procure an undertaking from the insurance company to this effect; provided that in the event the Bidder has a general insurance policy that covers the risks specified in this Agreement and the amount of insurance cover is equivalent to 3 (three) times the cover required hereunder, such insurance policy may not mention the Authority as the sole beneficiary or require an undertaking to that effect.

6.28.3 The Bidder shall bear all the statutory levies like customs, insurance, freight, etc. applicable on the goods during their shipment from respective manufacturing/shipment site of the OEM to the port of landing.

6.28.4 All charges like transportation charges, octroi, etc. that may be applicable till the goods are delivered at the respective site of installation shall also be borne by the Bidder.

6.28.5 The Bidder during the term of this RFP: i. shall take out and maintain, at his own cost but on terms and conditions

approved by the Purchaser, insurance with financially sound and reputable

insurers against the risks, and for the coverage, as specified below:

ii. shall pay all premium in relation there to and shall ensure that nothing is

done to make such insurance policies void or voidable

iii. at the Purchaser’s request, shall provide evidence to the Purchaser showing

that such insurance has been taken out and maintained and that the current

premiums therefore have been paid.

6.28.6 Purchaser's liability and workers' compensation insurance in respect of the Personnel of the Bidder/ Bidder’s Team, in accordance with the relevant provisions of the Applicable Law, as well as, with respect to such Personnel, any such life, health, accident, travel or other insurance as may be appropriate; and



6.28.7 Insurance against loss of or damage to (i) equipment or assets procured or developed in whole or in part for fulfillment of obligations under this RFP (ii) the Bidder’s assets and property used in the performance of the Services, and (iii) any documents prepared by the Bidder in the performance of the Services.

6.29 Limitation of Bidder’s Liability towards the Purchaser

6.29.1 Neither Party shall be liable to the other Party for any indirect or consequential loss or damage (including loss of revenue and profits) arising out of or relating to the Contract.

6.29.2 Except in the case of Gross Negligence or Willful Misconduct on the part of the Bidder/Bidder's Team or on the part of any person or firm acting on behalf of the Bidder executing the work or in carrying out the Services, the Bidder, with respect to damage caused by the Bidder including to property and/or assets of the Purchaser or of any of Purchaser's vendors shall regardless of anything contained herein, not be liable for any direct loss or damage that exceeds (A) the Contract Value or (B) the proceeds the Bidder may be entitled to receive from any insurance maintained by the Bidder to cover such a liability, whichever of (A) or (B) is higher.

For the purposes of this Clause of the RFP, "Gross Negligence" means

any act or failure to act by a Party which was in reckless disregard of or

gross indifference to the obligations of the Party under the Contract and

which causes harmful consequences to life, personal safety or real

property of the other Party which such Party knew, or would have

known if it was acting as a reasonable person, would result from such

act or failure to act. Notwithstanding the foregoing, Gross Negligence

shall not include any action taken in good faith for the safeguard of life

or property.

"Willful Misconduct" means an intentional disregard of any provision of

this RFP which a Party knew or should have known if it was acting as a

reasonable person, would result in harmful consequences to life,

personal safety or real property of the other Party but shall not include

any error of judgment or mistake made in good faith.

6.29.3 This limitation of liability slated in the RFP, shall not affect the Bidder liability, if any, for direct damage by Bidder/Bidder's Team to a Third Party's real property, tangible personal property or bodily injury or death caused by the Bidder/Bidder's Team or any person or firm/company acting on behalf of the Bidder in executing the work or in carrying out the Services."

6.30 Severance

6.30.1 If any provision of this RFP is held unenforceable, then such provision will be modified to reflect the parties’ intention. All the remaining provisions of this RFP shall remain in full force and effect.



6.31 Liquidated Damages

6.31.1 Subject to this RFP, if the Bidder fails to complete the entire works before the scheduled completion date or the extended date or if Bidder repudiates the Contract before completion of the Work, the Purchaser may without prejudice to any other right or remedy available to the Purchaser as under the Contract:

1. Recover from the Bidder, as liquidated damages and not by way of penalty a

sum equivalent to 0.5% of the Contract Value for each week (Seven calendar

days) delay beyond the Scheduled completion date. For the purpose of

liquidated damages, the scheduled completion date will be taken as date of

completion and acceptance of all the activities till Certifications of

successful operations of the integrated solution completion given to Bidder

by Finance Department Himachal Pradesh.

AND / OR

2. Terminate the contract or a portion or part of the work thereof. The

Purchaser shall give 30 days’ notice to the Bidder of its intention to

terminate the Contract and shall so terminate the Contract unless during

the 30 days’ notice period, the Bidder initiates remedial action acceptable to

the Purchaser.

6.31.2 If the agreement is terminated pursuant to this RFP, the Purchaser may levy liquidated damages of an amount limited to the total Contract Value or as may be determined by the Arbitrator at the time of termination.

6.31.3 The Purchaser may without prejudice to its right to effect recovery by any other method, deduct the amount of liquidated damages from any money belonging to the Bidder in its hands (which includes the Purchaser’s right to claim such amount against Bidder’s Bank Guarantee) or which may become due to the Bidder. Any such recovery or liquidated damages shall not in any way relieve the Bidder from any of its obligations to complete the Works or from any other obligations and liabilities under the Contract.

6.31.4 Delay not attributable to the Bidder will be considered for exclusion for the purpose of computing liquidated damages.

6.31.5 For the tasks to be performed till Certifications of successful operations of the integrated solution completion given to Bidder by Department, the amount of liquidated damages shall not exceed 10 % of the total Contract Value. This upper limit is restricted only to the activities till Certifications of successful operations of the integrated solution completion given to Bidder by Department. The liquidated damages will be governed by Service Level Agreements for Post Implementation Phase.

6.31.6 In the event the activities required to be performed by the Bidder in order to execute the scope of work of this contract and on-going maintenance service along with service levels are not in line with the requirement of the Purchaser and not in accordance with the timelines and performance / service levels as stipulated in the tender, contract and SLAs, then the Bidder shall be liable for payment of liquidated damages as defined under the RFP.



6.32 Staff Retention Program

6.32.1 The Bidder will put in place systems to ensure that the resources are not changed frequently for internal reasons. Suitable motivational efforts and incentives may be provided to the agents and senior staff so that attrition rate is kept at the minimum level. If the attrition rate rises to above 7%, the bank can suggest policies which will need to be implemented by Bidder to reduce attrition

6.33 Assessment & Remedial Action

6.33.1 The Bidder will put in place evaluation systems to continuously evaluate the performance of its resources. A 'Quality Score' may be generated for all agents on daily basis and put up to the Bank on weekly basis. The parameters for 'Quality Score' will include time duration for various functions, number of calls handled, number of leads generated, fatal error, etc. The Department and Bidder may jointly decide on the benchmarks for Quality Score and the Vendors will agree to maintain only those agents who qualify the “Quality Score” criteria as decided above for audit/inspection.

6.34 Quality Management

6.34.1 The Bidder will deploy an exclusive quality management team who will continuously audit the systems and procedures of the Call Centre. This team will also suggest systems to improve the ratings against SLA parameters. The Vendors will present information about its internal audit and quality assurance practices in all areas of operations, including human resources in periodical review meetings.

6.34.2 The Department may authorized resources to inspect / audit the Call Centre facility any time with or without notice to the Bidder and the Bidder shall extend all necessary support and make available necessary data/records relating to Call Centre.

6.35 Industrial Relation & Discipline

6.35.1 The Bidder will put in place appropriate disciplinary procedures and ensure congenial industrial relations with its employees. Department shall not intervene in any of the industrial disputes between the Call Centre employees and management, nor can Department be drawn in any circumstances in such industrial disputes. The employees of the Bidder will never be considered as employees (fulltime or part-time or contractual) of the Department under any circumstances. The employees of the Bidder will never claim any right to employment in the Department irrespective of their status of employment with Bidder.

6.36 Remuneration/Facilities to employees of Vendor

6.36.1 The Department of Health & Family Welfare will have no obligation to pay any remuneration, reimbursements or incentives to employees or staff of the Bidder. All the payments due to them shall be paid only by the Bidder. Further, basic amenities / facilities such as provision of water, toilets, etc. will also be made available by the Bidder for use by all the employees of Bidder at no costs.



6.37 Issuance Coverage

6.37.1 The Department of Health & Family Welfare will not be liable for any damage/loss to assets, resources and manpower deployed by the Vendors for Call Centre operations. Vendors shall procure all insurance policies to include requisite insurance coverage as applicable including but not limited to Comprehensive general liability insurance and /or third party accident insurance to safeguard any eventuality while the employees of the Vendors are on duty.

6.38 Compliance of Labour Laws

6.38.1 The Bidder shall be responsible for compliance of all laws, rules, regulations and ordinances applicable in respect of its employees, sub-contractors and agents (including but not limited to Minimum Wages Act, Provident Fund laws, Workmen Compensation Act etc.). The Bidder shall establish and maintain all proper records including, but not limited to, accounting records required by any law, code, practice or corporate policy applicable to their from time to time, including records and returns as applicable under Labour legislations.



7. Service Level Agreement & Penalty

7.1 SLA Supervision

The Purchaser will review the performance of the Bidder against the SLA at any given time or duration. The supervision report about the performance of any Services pursuant to this SLA by the Bidder or any other agency as appointed by Purchaser shall form the basis for imposing Damages/ penalties for breach of contract. The results of said review will be shared by Purchaser with the Bidder. Purchaser reserves the right to appoint a third party auditor/ agency to validate the Deliverables under this SLA. Based on the instructions of the Purchaser, the findings of the third party auditor/ agency shall be accepted and addressed by the Bidder with the consultation of the Purchaser.

7.2 SLA & Penalty – O & M Phase

The SLA specifies the expected levels of service (i.e. baseline service level) to be provided by the successful bidder to the various stakeholders (such as customers i.e. Health beneficiary/Health Worker, officials of Department of Health & Family Welfare, Government of Himachal Pradesh etc.). Payment to the successful bidder is linked to the compliance with the SLA metrics laid down in the table provided subsequently. The table also specifies the limits and metrics for lower / higher performance and breach levels. A summarized metrics of the above mentioned SLA parameters is provided in the table below and detailed out subsequently. Successful bidder will get 100% of payment if the baseline performance metrics are complied with (and if no additional penalties are imposed as specified in the RFP). The successful bidder will get lesser payment in case of a lower performance on any parameter.

The SLA score will be calculated based on the following table:

S No SLA Parameter High Level Medium Level Low Level

1 Delay in

Implementation

Penalty 1% of Total Contract for per week delay subject to

maximum 5 weeks delay after that contract may be

terminated

2 Availability of the

Helpdesk Agents

>=99%

Full payment

Between 98.9% and

95%

10% deduction from

the quarterly OPEX bill

Less than 95%

20% deduction

from the quarterly

OPEX bill

3 Availability/Uptime

of the Call Centre

Solution

99%

Full payment

Between 98.9% and

95%

10% deduction from

the quarterly OPEX bill

Less than 90%

20% deduction

from the quarterly

OPEX bill



7.3 SLA Monitoring

The aforementioned SLA parameters shall be measured on monthly / quarterly basis as per the individual SLA parameter requirements; If the performance of the system / services is degraded significantly at any given point in time during the contract and if the immediate measures are not implemented and issues are not rectified to the complete satisfaction of Department of Health & Family Welfare, Government of Himachal Pradesh or an agency designated by them, then Department shall have the right to take appropriate corrective actions including termination of the contract. It is to be noted that the maximum deduction on account of SLA’s at any point of time on accumulative basis and for any period shall not exceed 20% of OPEX bill. In case the deduction exceeds 20%, Department reserves the right to terminate the project. The SLAs defined, shall be reviewed periodically at the option of Department of Health & Family Welfare, Government of Himachal Pradesh after taking the advice of the successful bidder and other agencies.

NOTE: SLA Metrics

The deductions shall be made only for the reasons attributable to the successful bidder. Any risks/issues foreseen by the bidder shall be brought to the notice of the Department immediately. However, if the Department falters in one or more of the SLA resulting in lower performance or breach, then deduction from the payable amount would be calculated as follows:

For baseline performance by successful bidder no deduction shall be made from payable amount.

For Lower performance and Breach, deductions in percentages shall be made from the payable amount.

The aforementioned SLA parameters shall be measured on a monthly / quarterly basis (average) as per the individual SLA parameter requirements.

Following highlights the definition of “Baseline” and “Lower” categories as used for Helpdesk SLAs above.

NOTE 1 The Application developed and deployed by the successful bidder shall be used for

monitoring the issue resolution timelines and successful bidder shall be responsible

for building such functionality into the software solution deployed for Call Centre

NOTE 2 Scheduled maintenance time will be excluded from the computation

NOTE 3 Scheduled maintenance time shall not exceed 4 hours in a calendar month

NOTE 4 Planned Maintenance shall be scheduled between 10 pm and 2 am IST on the

intervening night of Second Saturday and Sundays

NOTE 5 Scheduled maintenance period(s) shall be planned and published for six months at a time and in the event of any changes to this plan, the same shall be notified at least 3 days in advance of the Schedule.

NOTE 6 For User management, activities shall be carried out only after the approval from the designated authority in writing or through the online communication mechanism viz. official e-mail, etc.



7.4 Expected Service Level Parameters

The table below lists the minimum expected service levels for the health contact center.

They must be achieved within 3 months of the launch of the contact center.

Expected (20 pts.) Manageable (10 pts.) Breach (0 pts.)

AHT of 15 sec. for

nonproductive calls 90% of calls 80-90% of calls <80% of calls

AHT of 2-3 min. for

health advice calls 85% of calls 75-85% of calls <75% of calls

AHT of 3-5 min. for

M.O. calls 85% of calls 75-85% of calls <75% of calls

AHT of 5-12 min. for

counseling calls 80% of calls 70-80% of calls <70% of calls

AHT of 5-10 min. for

grievance calls 80% of calls 70-80% of calls <70% of calls

Daily reports sent to

designated officials

within 24 hours

<24 hours 24-36 hours >36 hours

*AHT: Average Handling Time

In case the score for two consecutive months is less than 90 points, a penalty of 5% on the

payable amount will be imposed in the subsequent month. If the score does not improve in

the next two months, Department at its discretion, may decide to terminate the selected

service provider or impose higher penalties of up to 25%.

7.5 System Availability

Availability is defined as the amount of time, if a customer was called, his call would have

been attended to by an agent at the call centre. It excludes any and every form of downtime

which might prevent a caller's call from being answered.

Objective To ensure that the period in which no customer could have been

serviced is not more than 1% of the total period.

Definition This is measured as Total down time minutes / Total minutes in a

month.

Data Capture System availability should be captured by the IT systems at the Call Centre. Period of non-availability should be clearly split by causes i.e. power failure, network downtime, telecom link failure, manpower failure, hardware downtime etc.

Measurement

Interval

Daily

Reporting Period Monthly



Service Level

Sr. System Availability Value for Month Penalty

1. >=99% Nil

2. >=95% but < 99% 10% of Quarterly billed amount

3. < 95% 20% of Quarterly billed amount

7.6 Call Queue Waiting Time

Objective To ensure that more than 90% of calls requesting to speak with

an agent are attended to within 30 seconds

Definition This is measured as the waiting time in Automatic Call

Distributor (ACD) queue after pressing prescribed digit to talk

to the agent but before being answered by the agent.

Data Capture This will be captured from the time the customer has keyed the relevant number in the IVR option menu, for speaking to an agent.

Measurement Interval Daily


Service Level

Sr. Percentage of Calls Attended Penalty

1. >= 95% calls attended within 2 Minutes Nil

2. > 90% calls attended within 2 Minutes 2% of Quarterly billed amount

3. Calls attended within 2 Minutes 5% of Quarterly billed amount

7.7 Call Abandonment Rate (on ACD)

Objective To ensure that not more than 3% of calls requesting for an

agent go unattended.

Definition This is measured as: Number of calls abandoned on

ACD/Number of calls which reached ACD

Data Capture The number of calls requesting for agents and the number of calls which are answered by the agents, both, would need to be captured



Service Level

Sr. Percentage of Calls Un-attended Penalty



1. < 3% Nil

2. Between 3%-5% 1% of Quarterly billed amount

3. Between 5%-8% 3% of Quarterly billed amount

4. >8% 5% of Quarterly billed amount

7.8 Call Abandonment Rate (on IVR)

Objective To ensure that not more than 2% of calls on IVR get abandoned

without execution of a single function. This SLA will also help to

ensure that menus/content on IVR are appropriately designed so

that it does not take too long for the customers to be self-serviced

through IVR

Definition This is measured as: Number of calls which were abandoned on

IVR without execution of a single function/ Number of calls which

reached IVR

Data Capture The number of calls that reached IVR and the number of calls which were abandoned on IVR without execution of a single function, both, would need to be captured.



Service Level


1. <= 2% Nil

2. > 2% and <=5% 3% of Quarterly billed amount

3. > 5% 5% of Quarterly billed amount

7.9 Call Quality Score

Objective To measure the quality of calls being handled by the agents and

ensure that certain standards are adhered to during the calls with

respect to quality of information provided, diction, language,

politeness etc.

Definition This is measured by scoring a random sample of calls on pre-

defined parameters

Data Capture The Call Centre needs to have a call logging facility to record all the different calls that have been handled by the agents. A random sample of these calls will then be graded by the Department of



Health & Family Welfare call quality audit team against pre-decided parameters. Department of Health & Family Welfare will ensure that there are dedicated employees to monitor and score these calls. These employees will audit at least 50 calls per day and should cover all agents at least once in 2 weeks.



Service Level


1. >= 99% Nil

2. < 90% and >=95% 5% of Quarterly billed amount

3. < 95% 10% of Quarterly billed amount

7.10 Key Performance Indicator (KPI) Parameters

Similar to SLAs defined in the above sections, there are other critical performance parameters that shall be tracked on a regular basis to evaluate the Call Centre’s performance. The Department of Health & Family Welfare reserves the right to include any of these KPIs as part of the SLAs from a future date in consultation with the Bidder. Unlike SLAs, these KPI’s shall not be linked to commercial penalties, but the Bidders are expected to maintain and ensure that its performance on these parameters is acceptable. In the quarterly review meetings, the Department and bidder shall jointly take decisions regarding acceptable performance required on different KPI’s.

7.10.1 IVRS Efficiency (% of calls disposed of successfully at IVR)

Objective To measure % of calls that are successfully disposed off by the IVR

System.

This is to track if appropriate capacity of IVR ports and quality of

content is in place to achieve minimum successful disposal rate at

IVR.

Definition This is measured as: Number of calls satisfactorily disposed off at

IVR / Total number of calls reaching IVR. The calls considered

disposed off at the IVR are the calls that are ended at a defined

level in the IVR menu and which don’t request for talking to the

operator.

Data Capture The number of calls satisfactorily disposed off at IVR and the total number of calls reaching IVR, both, would need to be captured



Desired Level >33%



7.10.2 Average time taken for a customer to be disposed off at IVR

Objective It is a measure to ensure that the IVR menus/content is

appropriately designed so that it does not take too long for the

customers to be self-serviced through IVR

Definition This is measured as the time it takes for the customers to be

successfully serviced by IVR on calls where customer doesn’t ask

for an operator.

Data Capture This is measured from the time the customer reaches IVR to the time the customer is successfully disposed off from IVR (only for those calls in which the customer chooses to be serviced from IVR itself by keying in the required menu option and does not request to speak with an agent)



Desired Level > 99% calls to be disposed off within 60 seconds

7.10.3 Call handling Efficiency of agents Managing Outbound calls

Objective To measure the efficiency of agents in making outbound calls.

Definition This KPI measures the efficiency of operators in making outbound

calls in terms of average:

Number of calls made by an agent per day

Talk time taken to complete calls



Desired Level >180 calls per agent/day


8. Annexure

8.1 Pre-Qualification Bid

8.1.1 Pre-Qualification Bid Letter

(To be submitted on the Letterhead of the responding firm) To The Mission Director, Department of Health & Family Welfare, SDA Complex, Kasupmti, Shimla. Sir, Subject: Selection of an Agency for Establishment of Comprehensive Call Centre for Department of Health & Family Welfare, Government of Himachal Pradesh Reference: Tender Dated <DD/MM/YYYY>

We, the undersigned Bidders, having read and examined in detail all the Tender

document in respect of Selection of an Agency for Establishment of

Comprehensive Call Centre for Department of Health & Family Welfare,

Government of Himachal Pradesh, do hereby propose to provide the services as

specified in the Tender document Dated <DD/MM/YYYY> along with the

following:

We are hereby submitting our Pre-Qualification Bid (one original and one copy),

which includes the following:

Supporting Information for Pre-Qualification Conditions

Bid Security of the prescribed amount and validity

Tender fees of the prescribed amount and validity

Board Resolution / Authorization letter in favor of the authorized signatory

We hereby declare that all the information and statements made in the Pre-

Qualification related documents are true and accept that any misinterpretation

contained in it may lead to our disqualification.

We also agree to hold in trust any Confidential Information received by us as part

of the tendering process, We shall maintain strict confidentiality in respect of such

Confidential Information and in no event a degree of confidentiality less than we

use to protect our own confidential and proprietary information.



Yours Sincerely,

Bidder:

Signature ---------------------------

Name --------------------------------

Designation ------------------------

Company ---------------------------

Date ---------------------------------



8.1.2 Supporting Information for Pre-Qualification Conditions

The Bidder is required to fill relevant information in the format given below. The

pre-qualification bid must contain documentary evidences and supporting

information to enable purchaser to evaluate the eligibility of the Bidder without

ambiguity.

1. Information of the Bidder

Sr.

No.

Pre-qualification

Criteria Documents to be

Submitted.

Reference in bid

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Bidder:

Signature ---------------------------

Name --------------------------------

Designation ------------------------

Company ---------------------------

Date ---------------------------------



Bidder Details

S.

No.

Area of the details to be provided Responding Firm’s /

Company Details to be

provided

1 Name of the Bidder

2 Address of the Bidder

3 Telephone number of the Bidder

4 Bidder's Tender number and date

5 Name of the contact person to

whom all references shall be made

regarding this tender

6 Designation of the person to whom

all references shall be made

regarding this tender

7 Address of the person to whom all

references shall be made regarding

this tender

8 e-mail address of the Bidder

9 Fax number of the Bidder

10 Telephone number of the Bidder

11 Details of

Registration

1. Registration

Number of

the Bidder.

2. Name of the place

where the Bidder

was registered.

3. Date when the

company was

registered.

4.Product /Service

for which registered

5. Validity Period, if

applicable.

12 Central Service Tax No.

13 VAT/Service Tax No.

14 PAN No.

15 Annual Turnover during last three

financial Years 2011-12, 2012-13

and 2013-14

FY

2011-12

FY

2012-13

FY

2013-14

16 Income Tax Paid during the last FY FY FY



S.

No.

Area of the details to be provided Responding Firm’s /

Company Details to be

provided

three financial Years 2011-12,

2012-13 and 2013-14

2011-12 2012-13 2013-14

17 Details of ownership of the Bidder

(Name and Address of the Board of

Directors, Partners, etc)

18 Name of the authorized signatory

who is authorized to quote in the

tender and enter into the rate

contract (Power of Attorney to be

submitted)

19 Name of the Bankers along with the

branch (as appearing in MICR

cheque) & Account No.

20 Status of Bidder like Pvt. Ltd. etc.

21 Locations and

addresses of

the offices.

1. The corporate

address

2. The official

address of the

service delivery

centre.

22 Name and

contact

details of the

Project

Manager

1. Name of the

Project Manager

assigned

2. Contact details

viz; telephone

number, official

address of the

Project Manager

assigned.

Bidder:

Signature -----------------

Name ------------------------

Designation ------------------------

Company ------------------------ Date ------------------------



8.1.3 Details of Ineligibility for corrupt/fraudulent practices/Blacklisted with any

Govt./PSUs

(To be submitted on the Letterhead of the responding firm) To

The Mission Director, Department of Health & Family Welfare, SDA Complex, Kasupmti, Shimla.

Subject: Declaration for not being under an ineligibility for corrupt or fraudulent practices or blacklisted with any of the Government or Public Sector Units in India Dear Sir, We, the undersigned, hereby declare that We are not under a declaration of ineligibility / banned / blacklisted by any State or Central Government / any other Government institutions in India for any reason as on last date of submission of the Bid or convicted of economic offence in India for any reason as on last date of submission of the Bid Thanking you, Yours faithfully, (Signature of the Bidder) Printed Name Designation Seal Date: Place: Business Address:

Bidder:

Signature ------------------------

Name ------------------------

Designation ------------------------

Company ------------------------

Date -------------------------



8.2 Technical Bid

8.2.1 Profile of Top Management

Top Management Profile CMD/ MD Director I Director

II

Director III

Name

Qualification

Professional Experience

Experience in Call Centre

/BPO industry (No. of

years, and description of

experience)

8.2.2 Detail of Business Profile

Criteria No. of

Years

No of

Seats

Break up of Business Revenue

2012-13 2013-14 2014-15

1. Sector Details

Health Services

Financial Services

Telecom

e-Governance

Any other, Please

specify

2. Within India –

Territory wise

North



South

East

West

8.2.3 Details of Existing Projects (Call Center/BPO Industry)

Name of

Project

Address No. of Seats Process

Handled

Contact details of

Client

8.2.4 Core Competencies Area

Processes Number of Seats

Voice Live-

Chat

Web-

Service

Any Other

Health Services Telemarketing

Outbound Telemarketing

KYC Verification

Customer Satisfaction Survey

Marketing Research – Tele

interview

Service Request Registration

Any other Process, please

specify



8.2.5 Language Capability

What are the languages you

are handling

No. of

Seats

Since

when

Training Material used for

regional languages

Language 1

Language 2

Language 3

Language N

8.2.6 Health Services/e-Governance Sector Call Center Experience

Processes No. of Seats Experience (in

yrs.)

Function Covered

General Health Queries

Health Service Information

Health Complaints

Hospital Location queries

Medication Queries

Service Complaints

Outbound Telemarketing

Other – Please Specify

8.2.7 Call Centre Set-up & Resource Deployment Plan

Sr. Name & Designation of Call Centre Set-up Plan Total Staff-



Resources (Staff inputs in Months) months

proposed 1 2 3

1.

2.

N

Sr

.

Name

of

Resou

rces

Desi

gnati

on

Resource Deployment Plan for Project duration

(Quarter-wise)

Total

Staff-

months

proposed

1. Q1 Q2 Q3 Q4 Q5 Q6 Q7 QN

2.

3.

4.

5.

6.

7.

8.

8.2.8 Technical Expertise of Bidder

Information Technology

Tools Name of

Tools

Owner Integration

Aspects

No. of

Users

Any other

Information

CRM



CTI

HR

Management

System

Performance

Appraisal

System

Quality

Management

System

Business

Intelligence

Tools

Software Platform

Area of Expertise Team Size Experience

No. Of Years Industry

Oracle CRM /

operating systems

Databases

Any other Software

Technical Requirement

Requirements Configuration Suggestion

PCs – configuration

Other infrastructure for the

agent /team leader



workstation

Software support – CTI

Software support – CRM

Telecom infrastructure

Any specific software tools

/accelerators required

Physical Infrastructure

Workstations - dimensions & furniture

Air-conditioning, lighting, rest rooms, lockers

Physical security arrangements - CCTV, access control

Any Other

8.2.9 Bidders Reporting Capability

Reports Ability to provide

BI Reports

Ability to customize

report as per Dept.

requirement

Ability to provide

Dept. with direct

access to Reports

SLAs & KPIs

Invoices

Other Reports

8.2.10 Security Initiatives of Bidder

Security Initiative & Personnel

Do you take a non-disclosure agreement? From whom



and how far is it enforceable?

What are your formal disciplinary action procedures in

case of security breach?

Explain your employee reference checking process

Do you conduct training sessions on data security and

how?

Are you adapting ISO 27001 security practices or any

other security practices? Please specify

Security Initiative – Data/IT/Software

What are the fire-walls used by you?

What are the measures for security for PCs, and coping

devices?

How do you prevent use / installation of unauthorized

software?

What are the security measures taken while giving

internet, email facilities to employees, to ensure data-

security?

Security Initiative – Physical Infrastructure

What are your physical security measures? Give an

account on access card systems, circuit TV and

monitoring, etc.

How are you ensuring security while sub-contracting /

outsourcing services to a third party vendor?



8.2.11 Training & Development

Parameters Is the training

Provided

(Yes/No)

If Yes,

what is the

frequency

Any Other

details

Soft Skills training

Proposed Call Center Processes

Health Services/e-Governance

Services

Behavioral and cultural

expectations from Executive

Information security and there

relevance to Beneficiaries

Formalities required for availing

Health Services

Customer service and citizen

charter

Training on State Health Programs/

Initiatives

8.2.12 Profiling of Bidders Resource

Members Number BPO

Experience

Health Services/e-

Governance

Experience

Qualification

Project Manager

(If Any)

Team Leader

/Supervisor

Call Centre

Executive

Medical

Counselor

Doctor



HR Team

Audit Team

8.2.13 Bidders References (Minimum: 2 from Call Center/BPO Industry)

Reference I Reference II

Name of Company

Contact Person

Contact details

Process Handled

Share Revenue/ turnover from the

reference



8.2.14 Technical Bid Letter

(To be submitted on the Letterhead of the responding firm)

To The Mission Director, Department of Health & Family Welfare, SDA Complex, Kasupmti, Shimla. Sir, Subject: Selection of an Agency for Establishment of Comprehensive Call Centre for Department of Health & Family Welfare, Government of Himachal Pradesh Reference: Tender Dated <DD/MM/YYYY> We, the undersigned Bidders, having read and examined in detail all the Tender document in respect of Selection of an Agency for Establishment of Comprehensive Call Centre for Department of Health & Family Welfare, Government of Himachal Pradesh, do hereby propose to provide the services as specified in the Tender document Dated <DD/MM/YYYY> along with the following:

1. Deviations We declare that all the services shall be performed strictly in accordance with the Tender documents except for the variations and deviations, all of which have been detailed out exhaustively in the following statements, irrespective of whatever has been stated to the contrary anywhere else in our Tender: (a) Statement of Deviations from Schedule of Requirements (Annexure 8.2.5) (b) Statement of Deviations from Tender Terms & Conditions (Annexure 8.2.6) (c) Statement of Commercial Deviations (Annexure 8.2.7) Further we agree that additional conditions, if any, found in the Tender documents, other than those stated in deviation schedule, shall not be given effect to.

We hereby declare that our Tender is made in good faith, without collusion or

fraud and the information contained in the Tender is true and correct to the best

of our knowledge and belief.

We understand that our Tender is binding on us and that you are not bound to

accept a Tender you receive.



Thanking you,

Yours faithfully,

(Signature of the Bidder) Printed Name Designation

Seal Date: Place: Business Address:

Bidder:

Signature ---------------------------

Name --------------------------------

Designation ------------------------

Company ---------------------------

Date ---------------------------------



8.2.15 Manpower details

a) The Bidder should provide a detailed resource deployment plan in place to

ensure that technically qualified staff is available to deliver the project.

b) The Bidder should provide the summary table of details of the manpower

that will be deployed on this project along with detailed CVs of key

personnel.

S.

No.

Type of resource No. of

Resources

Key

Responsibilities

Academic

Qual. and

Certifications

Years of

Relevant

Experience

1 Project Manager

(If Any)

2 Team

Leader/Supervisor

3 Call Centre

Executive

4 Medical Counselor

5 Doctor

Bidder:

Signature ---------------------------

Name --------------------------------

Designation ------------------------

Company ---------------------------

Date ---------------------------------



8.2.16 Profile of Personnel

1 Name of the

employee

2 Proposed position

3 Designation

4 Date of Birth

5 Nationality

6 Education Qualification Name of School /

College /

University

Degree Obtained

Date Attended

7 Language Language Read Write Speak

8 Employment

Record

Employer Position From To

(Starting with present position list in reverse order)

9 Relevant

Experience

(Give an outline on the experience most pertinent to tasks mentioned in the project. Describe degree of responsibility held on these relevant assignments).

10 Certification I, the undersigned, certify that to the best of my knowledge and belief, this bio-data correctly describes me, my qualifications, and my experience.

Date:

Place Signature of the Authorized Signatory



8.2.17 Details of Experience of responding firm

As per the format below the responding firm should provide information for each

project on the similar assignments required for pre-qualification and technical

evaluation criteria.

Sr. No.

Items Details

General Information

1 Customer Name

2 Name of the contact person and contact details for the client of the assignment

3 Whether client visit can be organized (YES / NO)

Project Details

4 Project Title

5 Start Date and End Date

6 Date of Go-Live

7 Total Cost of the project

8 Current Status (Live / completed / ongoing / terminated / suspended)

9 No of staff provided by your company

10 Please indicate the current or the

latest AMC period with the client

(From Month –Year to Month-Year)

11 Please indicate whether the client is currently using the implemented

solution

Size of the project

12 Number of total users and concurrent users of the solution at the client location(s):

Total users

Concurrent users

13 Hardware (give brief details) etc.



Sr. No.

Items Details

14 Security features implemented -

Password-based / Role-based /

Digital certificates / signature, encryption, public key system, LDAP

server, single sign-on etc.

15 Training responsibilities of Bidder

16 Any other information to be shared

with Purchaser

Enclosures Required

Enclosure A:

Narrative Description of the Project

Enclosure B:

Detailed Description of actual services provided by your company:

Enclosure C:

Documentary Proof

Note: Department team may like to visit the some of the reference sites to understand the project details. Details of about 2-3 reference sites should be provided. The Bidder should confirm from the client that a visit of Department team to their site could be arranged

Bidder:

Signature ---------------------------

Name --------------------------------

Designation ------------------------

Company ---------------------------

Date ---------------------------------



8.2.18 Statement of deviations from Schedule of Requirements

To


Following are the Technical deviations and variations from the requirements and documents for “Selection of an Agency for Establishment of Comprehensive Call Centre for Department of Health & Family Welfare, Government of Himachal Pradesh” against Tender Dated <DATE>. These deviations and variations are exhaustive. Except these deviations and variations, the entire work shall be performed as per your requirements and documents.

S. No. Section No. Clause No. Page No. Statement of

deviations &

variations.

Remarks

We agree that additional conditions, if any, found in the tender documents, other than those stated in deviation schedule, shall not be given effect to

Note: Bidders may please note that compliance to a clause and a sub-clause would mean complete compliance to all the other sections within those clauses and sub-clauses.

Bidder:

Signature ---------------------------

Name --------------------------------

Designation ------------------------

Company ---------------------------

Date ---------------------------------



8.2.19 Statement of Deviations from Tender Terms & Conditions

To


Following are the deviations from the Terms and Conditions for “Selection of an Agency for Establishment of Comprehensive Call Centre for Department of Health & Family Welfare, Government of Himachal Pradesh” against Tender Dated <DATE>. These deviations and variations are exhaustive. Except these deviations and variations, all other Terms and Conditions of the Tender are acceptable to us.


deviations &

variations.

Remarks

We agree that additional conditions, if any, found in the tender documents, other than those stated in deviation schedule, shall not be given effect to Note: Bidders may please note that compliance to a clause and a sub-clause would mean complete compliance to all the other sections within those clauses and sub-clauses.

Bidder:

Signature ---------------------------

Name --------------------------------

Designation ------------------------

Company ---------------------------

Date ---------------------------------



8.2.20 Statement of Commercial Deviations To


Following are the Commercial deviations and variations from the requirements and documents for “Selection of an Agency for Establishment of Comprehensive Call Centre for Department of Health & Family Welfare, Government of Himachal Pradesh” against Tender Dated <DATE>. These deviations and variations are exhaustive. Except these deviations and variations, the entire work shall be performed as per your requirements and documents.


deviations &

variations.

Remarks

We agree that additional conditions, if any, found in the tender documents, other than those stated in deviation schedule, shall not be given effect to

Note: Bidders may please note that compliance to a clause and a sub-clause would mean complete compliance to all the other sections within those clauses and sub-clauses.

Bidder:

Signature ---------------------------

Name --------------------------------

Designation ------------------------

Company ---------------------------

Date ---------------------------------



8.3 Commercial Bid

8.3.1 Commercial Bid Letter

(To be submitted on the Letterhead of the responding firm)

To


Sir/ Madam,

Subject: Selection of an Agency for Establishment of Comprehensive Call Centre for

Department of Health & Family Welfare, Government of Himachal Pradesh

Reference: Tender Dated <DD/MM/YYYY>

We, the undersigned Bidder, having read and examined in detail all the Tender

documents in respect of Selection of an Agency for Establishment of Comprehensive

Call Centre for Department of Health & Family Welfare, Government of Himachal

Pradesh do hereby propose to provide services as specified in the Tender Dated

<DD/MM/YYYY>

2. PRICE AND VALIDITY

1.1 All the prices mentioned in our Tender are in accordance with the terms as

specified in the Tendered documents. All the prices and other terms and

conditions of this Tender are valid for a period of 180 calendar days from the

date of submission of the Tenders.

1.2 We hereby confirm that our Tender prices include all taxes. However, all the

taxes are quoted separately under relevant sections.

1.3 We have studied the clause relating to Indian Tax and hereby declare that if any

income tax, surcharge on Income Tax, Professional and any other Corporate Tax

in altercated under the law, we shall pay the same.

4. UNIT RATES

We have indicated in the relevant schedules enclosed, the unit rates for the purpose of

on account of payment as well as for price adjustment in case of any increase to /

decrease from the scope of work under the contract.

5. Bid Security

We have enclosed bid security in the form of a Bank Guarantee for a sum of Rs.

5,00,000 (Rupees five lacs only). This bid security is liable to be forfeited in accordance

with the provisions of the RFP Part 1 - Instructions to Bidders



6. DEVIATIONS

We declare that all the services shall be performed strictly in accordance with the

Tender documents except for the variations and deviations, all of which have been

detailed out exhaustively in the following statement, irrespective of whatever has been

stated to the contrary anywhere else in our bid:

(a) Statement of Commercial Deviations (Annexure 8.2.7)

Further we agree that additional conditions, if any, found in the Tender documents,

other than those stated in deviation schedule, shall not be given effect to.

7. TENDER PRICING

We further confirm that the prices stated in our bid are in accordance with your

Instruction to Bidders included in Tender documents.

8. QUALIFYING DATA

We confirm having submitted the information as required by you in your Instruction to

Bidders. In case you require any other further information/documentary proof in this

regard before evaluation of our Tender, we agree to furnish the same in time to your

satisfaction.

9. BID PRICE

We declare that our Bid Price are for the entire scope of the work as specified in the

Schedule of Requirements and Tender documents. These prices are indicated in

Annexure 8.3 attached with our Tender as part of the Tender.

We hereby declare that our Tender is made in good faith, without collusion or fraud and

the information contained in the Tender is true and correct to the best of our

knowledge and belief.

We understand that our Tender is binding on us and that you are not bound to accept a

Tender you receive.

We confirm that no Technical deviations are attached here with this commercial offer.

Thanking you,

Yours faithfully,

(Signature of the Bidder) Printed Name Designation Seal: Date: Place:



8.3.2 Total Contract Price (TCP)

S.

No.

Description of

Seat

No.

of

Seat

Amount

per Man

Month

(INR)

Total

Amount for

60 month

Tax

Amount

Total

(INR)

Amount per

Quarter (for

Extended

Time)

1. Call Center

Executives +

Supervisor

20 A1 A2=

A1*20*60

T1 A=A2+T1 E1

2. Medical

Counselors

5 B1 B2=

B1*5*60

T2 B=B2+T2 E2

3. Doctor 2 C1 C2=C1*2*60 T3 C=C2+T3 E3

Total Contract

Price (TCP)

D=A+B+C E=E1+E2+E3

(Signature) (In the capacity of)

Duly authorized to sign the RFP Response for and on behalf of: (Name and Address of Company) (Seal/Stamp of bidder)

Note:

1. The Total Cost of Project (TCP) would be considered for commercial evaluation

of the bids. This however shall have no co-relation with the Contract value or

actual payment to be made to the successful bidder.

2. Bidders are advised to exercise adequate care in quoting the prices. No excuse

for corrections in the quoted price will be entertained after the Proposals are

opened. All corrections, if any, should be initialed by the person signing the

Proposal form before submission, failing which the figures for such items may

not be considered

3. In case of discrepancy between Amounts mentioned in figures and in words, the amount in words shall govern.

4. Quantities and unit prices (or rates) product of and the relevant total (or subtotals), the prices and quantities product of shall prevail, and the totals (or subtotals) shall be corrected accordingly.

5. Subtotals and totals (or higher aggregates), the subtotals shall prevail, and the totals (or higher aggregates) shall be corrected accordingly.



6. The total price quoted by the Bidder shall be taken into consideration as final price for evaluation purposes.

Note: If contract extends then Cost per quarter mentioned in this Format will be

applicable for extended time period.



8.4 Performa for Bid Security

Whereas ------------------------------------------------------------ (hereinafter called 'the Bidder') has submitted its Tender dated ---------------- for “Selection of an Agency for Establishment of Comprehensive Call Centre for Department of Health & Family Welfare, Government of Himachal Pradesh” (hereinafter called "the Bidder") to Department of Health & Family Welfare, Government of Himachal Pradesh (Department) (hereinafter called "the Purchaser")

KNOW ALL MEN by these presents that WE -------------------------------------------- of --------------------------------------------------------------------- having our registered office at ---------------------------------------------------------------(hereinafter called "the Bank") are bound unto the Purchaser to the sum of ---------------------- for which payment well and truly to be made to the said Purchaser, the Bank binds itself, its successors and assigns by these presents.

Sealed with the Common Seal of the said Bank this --------------day of -----------2015.

THE CONDITIONS of this obligation are:

1. If the Bidder, withdraws its bid during the period of bid validity specified by the Bidder on the Tender Form; or

2. If the Bidder, having been notified of the acceptance of its bid by the Purchaser during the period of bid validity.

a) fails or refuses to execute the Proforma for Contract, if required; or

b) fails or refuses to furnish the Bank Guarantee for Contract Performance, in accordance with the instructions to Bidders;

We undertake to pay to the Purchaser up to the above amount upon receipt of its first written demand, without the Purchaser having to substantiate its demand, provided that in its demand the Purchaser will note that the amount claimed by it is due to it owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions.

This guarantee will remain in force up to and including 45 days after the period of Tender validity, and any demand in respect thereof should reach the Bank not later than the above date.

--------------------------------------------------

(Authorized Signatory of the Bank)



8.5 Performa of Bank Guarantee for Contract Performance

Ref: _________________ Date _________________

Bank Guarantee No. ___________________________________________

To

The Mission Director, Department of Health & Family Welfare, SDA Complex, Kasupmti, Shimla

1. Against contract vide Advance Acceptance of the Tender No. _________________ dated _________________ covering __________________________________ (hereinafter called the said “Contract”) entered into between the Department of Health & Family Welfare, Government of Himachal Pradesh (Department) (hereinafter called "the Purchaser") and _________________ (hereinafter called the “Bidder”) this is to certify that at the request of the Bidder we ------------- Bank Ltd., are holding in trust in favour of the Purchaser, the amount of ___________________________ (write the sum here in words) to indemnify and keep indemnified the Purchaser against any loss or damage that may be caused to or suffered by the Purchaser by reason of any breach by the Bidder of any of the terms and conditions of the said contract and/or in the performance thereof. We agree that the decision of the Purchaser, whether any breach of any of the terms and conditions of the said contract and/or in the performance thereof has been committed by the Bidder and the amount of loss or damage that has been caused or suffered by the Purchaser shall be final and binding on us and the amount of the said loss or damage shall be paid by us forthwith on demand and without demur to the Purchaser.

2. We __________________________________ Bank Ltd, further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for satisfactory performance and fulfillment in all respects of the said contract by the Bidder i.e. till _________________ hereinafter called the said date and that if any claim accrues or arises against us _________________ Bank Ltd, by virtue of this guarantee before the said date, the same shall be enforceable against us ___________________________________________________ Bank Ltd, notwithstanding the fact that the same is enforced within six months after the said date, provided that notice of any such claim has been given to us _________________ Bank Ltd, by the Purchaser before the said date. Payment under this letter of guarantee shall be made promptly upon our receipt of notice to that effect from the Purchaser.

3. It is fully understood that this guarantee is effective from the date of the said contract and that we _________________ Bank Ltd, undertake not to revoke this guarantee during its currency without the consent in writing of the Purchaser.

4. We undertake to pay to the Purchaser any money so demanded notwithstanding any dispute or disputes raised by the Bidder in any suit or proceeding pending before any court or Tribunal relating thereto our liability under this present bond being absolute and unequivocal.



The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the Bidder shall have no claim against us for making such payment.

5. We __________________________________ Bank Ltd, further agree that the Purchaser shall have the fullest liberty, without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said contract or to extend time of performance by the Tendered from time to time or to postpone for any time of from time to time any of the powers exercisable by the Purchaser against the said Bidder and to forebear or enforce any of the terms and conditions relating to the said contract and we, _________________ Bank Ltd., shall not be released from our liability under this guarantee by reason of any such variation or extension being granted to the said Bidder or for any forbearance by the Purchaser to the said Bidder or for any forbearance and or omission on the part of the Purchaser or any other matter or thing whatsoever, which under the law relating to sureties, would, but for this provision have the effect of so releasing us from our liability under this guarantee.

6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Bidder.

Bidder:

Signature ---------------------------

Name --------------------------------

Designation ------------------------

Company ---------------------------

Date ---------------------------------


8.6 Format for Input Data to be provided from MCTS Portal (Subject to be changed as per modifications done in the MCTS Portal)

Input Format for 1st Call (During Due date of 2nd ANC)

Sr. No.

Health Block

Health Facility

Sub-Facility / Sub-Centre

Mother Name (w/o Husband Name )

Address Mother ID

Phone No.

ANM ASHA LMP Date

ANC2 Date

Input Format for 2nd Call (During Due date of 3rd ANC)

Sr. No.

Health Block

Health Facility



Address Mother ID

Phone No.

ANM ASHA LMP Date

ANC3 Date

Input Format for 3rd Call (During Due date of 4th ANC)

Sr. No.

Health Block

Health Facility



Address Mother ID

Phone No.

ANM ASHA LMP Date

ANC4 Date



Input format for 4th Call (Prior to Expected Date of Delivery)

Sr. No.

Health Block

Health Facility



Address Mother ID

Phone No.

ANM ASHA Expected Delivery Date

Delivery Date

Input format for 5th Call (During due date of DPT 1/ OPV 1 vaccination)

Sr. No.

Health Facility


Child ID

Children Name (Sex )

Mother Id (Mother Name)

Phone No.

Given Services

ANM (Phone No.)

ASHA (Phone No.)

Date of Birth

DPT1 Date


Sr. No.

Health Facility


Child ID



Phone No.

Given Services

ANM (Phone No.)

ASHA (Phone No.)

Date of Birth

DPT2 Date




Sr. No.

Health Facility


Child ID



Phone No.

Given Services

ANM (Phone No.)

ASHA (Phone No.)

Date of Birth

DPT3 Date

Input format for 8th Call (During due date of Measles vaccination)

Sr. No.

Health Facility


Child ID



Phone No.

Given Services

ANM (Phone No.)

ASHA (Phone No.)

Date of Birth

Measles Date

Input format – Special Monthly call to High Risk Pregnant Women

Sr. No.

Health Block

Mother ID Name of

Mother LMP Date

Expected Date of Delivery

Due Services

Given Services

Name of ANM

Name of ASHA

Anemia Complications